islamic laws
A H E S A H S
V O : R A W
A New Annotated Translation by Mohammed Ali Ismail
THE WORLD FEDERATION British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library
ISBN 978-1-909285-50-7 Second Edition © Copyright 2015 e World Federation of KSIMC
Published by: e World Federation of Khoja Shia Ithna-Asheri Muslim Communities Registered Charity in the UK No. 282303 e World Federation is an NGO in Special Consultative Status with the Economic and Social Council (ECOSOC) of the United Nations Islamic Centre, Wood Lane, Stanmore, Middlesex, United Kingdom, HA7 4LQ www.world-federation.org
Design & Layout by Advent Publishing Services, London
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmied in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior wrien permission of the publisher, except in the case of brief quotations quoted in articles or reviews. C B
Foreword ...... i Translator’s Preface ...... ii Transliteration ...... v
1. Following a Jurist (Taqlīd) ...... 1 2. Purification (Ṭahārah) ...... 9 3. Prayer (Ṣalāh) ...... 183 4. Fasting (Ṣawm) ...... 378 5. Spiritual Retreat (Iʿtikāf) ...... 420 6. e One-Fih Tax (Khums) ...... 434 7. Enjoining Good and Forbidding Evil ...... 457 8. Alms Tax (Zakat) ...... 463 9. Hajj ...... 501
Appendix: Table of Weights and Measures ...... 506 Glossary ...... 507 Works Consulted ...... 519 C
Foreword ...... i Translator’s Preface ...... ii Transliteration ...... v
1. Following a Jurist (Taqlīd) ...... 1
2. Purification (Ṭahārah) ...... 9 Unmixed (muṭlaq) and mixed (muḍāf) water ...... 10 1. Kurr water ...... 10 2. Qalīl water ...... 12 3. Flowing water ...... 13 4. Rainwater ...... 14 5. Well water ...... 15 Laws relating to the different types of water ...... 16 Laws relating to emptying the bowels and the bladder . . . . .18 Clearing the male urethra of urine (istibrāʾ) ...... 21 Recommended (mustaḥabb) and disapproved (makrūh) acts when emptying the bowels and the bladder ...... 22 Impurities (najāsāt) ...... 23 1. & 2. Urine and Faeces ...... 23 3. Semen ...... 24 4. Corpse ...... 24 5. Blood ...... 26 6. & 7. Dog and Pig ...... 27 8. Disbeliever (kāfir) ...... 27 9. Wine ...... 28 10. Sweat of an excrement-eating animal ...... 29 Ways of establishing impurity (najāsah) ...... 29 How a pure (ṭāhir) object becomes impure (najis) ...... 30 Laws of impurities (najāsāt) ...... 32 ings that purify an impure object (muṭahhirāt) ...... 35 1. Water ...... 35 2. Earth ...... 42 3. e Sun ...... 44 4. Transformation (istiḥālah) ...... 45 5. Change (inqilāb) ...... 46 6. Transfer (intiqāl) ...... 47 7. Islam ...... 48 8. Subsequence (tabaʿiyyah) ...... 48 9. Removal of intrinsic impurity (ʿayn al-najāsah) . . . . .50 10. arantine (istibrāʾ) of an excrement-eating animal . 51 11. Absence of a Muslim ...... 51 12. Flowing out of blood [of a slaughtered animal] in a normal quantity ...... 52 Laws of utensils ...... 52 Ablution (wuḍūʾ) ...... 54 Immersive ablution (al-wuḍūʾ al-irtimāsī) ...... 58 Recommended supplication (duʿāʾ) while performingwuḍūʾ .59 Conditions for the validity of wuḍūʾ ...... 61 Laws of wuḍūʾ ...... 70 ings for which one must perform wuḍūʾ ...... 73 ings that invalidate wuḍūʾ ...... 75 Laws of jabīrah wuḍūʾ ...... 75 Obligatory (wājib) ritual bathing (ghusl) ...... 80 Laws of ritual impurity (janābah) ...... 80 ings that are unlawful (ḥarām) for a junub ...... 82 ings that are disapproved (makrūh) for a junub ...... 83 e ghusl for janābah ...... 84 Sequential ritual bathing (al-ghusl al-tartībī) ...... 84 Immersive ritual bathing (al-ghusl al-irtimāsī) ...... 86 Laws of performing ghusl ...... 87 Irregular blood discharge (istiḥāḍah) ...... 91 Laws of istiḥāḍah ...... 91 Menstruation (ḥayḍ) ...... 100 Laws of a woman in menstruation (ḥāʾiḍ) ...... 103 Categories of women in menstruation ...... 108 1. A woman with a habit of time and duration ...... 109 2. A woman with a habit of time ...... 115 3. A woman with a habit of duration ...... 118 4. A woman with a disordered habit (muḍṭaribah) . . . .119 5. A menarcheal woman (mubtadiʾah) ...... 120 6. A forgetful woman (nāsiyah) ...... 121 Miscellaneous rulings on ḥayḍ ...... 122 Lochia (niās) ...... 124 e ghusl for touching a corpse (mass al-mayyit) ...... 128 Laws relating to a dying person (muḥtaḍar) ...... 130 Laws relating to aer death ...... 131 e obligation to give ghusl, shroud (takīn), pray over, camphorate (taḥnīṭ), and bury (dafn) ...... 132 Method of performing the ghusl given to a corpse (mayyit) . . 134 Laws of shrouding (takīn) a corpse ...... 137 Laws of camphorating (taḥnīṭ) a corpse ...... 140 Laws of the funeral prayer (ṣalāt al-mayyit) ...... 142 Method of performing ṣalāt al-mayyit ...... 144 Recommended (mustaḥabb) acts of ṣalāt al-mayyit ...... 148 Laws of burial (dafn) ...... 149 Recommended (mustaḥabb) acts of burial (dafn) ...... 152 e prayer of loneliness (ṣalāt al-waḥshah) ...... 160 Exhumation of a grave ...... 160 Recommended (mustaḥabb) ghusls ...... 162 Dry ablution (tayammum) ...... 165 1. Not having water ...... 165 2. Not having access to water ...... 168 3. Using water is harmful ...... 169 4. Hardship (ḥaraj) and excessive difficulty (mashaqqah) . 169 5. Needing water to quench thirst ...... 170 6. Performing wuḍūʾ or ghusl conflicts with another legal responsibility that is more important or just as important ...... 171 7. Shortage of time ...... 171 ings with which performing tayammum is valid (ṣaḥīḥ) .172 Method of performing tayammum in place of wuḍūʾ or ghusl ...... 175 Laws of tayammum ...... 176
3. Prayer (Ṣalāh) ...... 183 e obligatory (wājib) prayers ...... 185 e obligatory daily prayers ...... 185 e time for the midday (ẓuhr) and aernoon (ʿaṣr) prayer ...... 185 e Friday prayer (ṣalāt al-jumuʿah) and its laws ...... 186 Some laws concerning the Friday prayer ...... 189 e time for the prayer at sunset (maghrib) and the evening (ʿishāʾ) prayer ...... 190 e time for the morning (ṣubḥ) prayer ...... 191 Laws relating to the time of prayers ...... 191 Prayers that must be performed in order ...... 195 Recommended (mustaḥabb) prayers ...... 197 Timings for the daily supererogatory (nāfilah) prayers . . . .198 e ghufaylah prayer ...... 200 Rules of qibla ...... 201 Covering the body in prayers ...... 204 Conditions of clothing worn by someone performing prayers ...... 206 Cases when it is not necessary for the body and clothing of someone performing prayers to be pure ...... 216 ings that are recommended (mustaḥabb) for the clothing of someone performing prayers ...... 220 ings that are disapproved (makrūh) for the clothing of someone performing prayers ...... 220 e place where prayers are performed ...... 220 Places where performing prayers is recommended (mustaḥabb) ...... 226 Places where performing prayers is disapproved (makrūh) ...... 227 Laws of a mosque ...... 228 e call to prayer (adhān) and the call to stand for prayer (iqāmah) ...... 231 Translation of the sentences of adhān and iqāmah . . . 233 Obligatory components of the prayer ...... 238 Intention (niyyah) ...... 239 Takbīrat al-iḥrām ...... 240 Standing (qiyām) ...... 242 Recitation (qirāʾah) ...... 246 Bowing (rukūʿ) ...... 256 Prostrating (sujūd) ...... 260 ings on which sajdah is permied (jāʾiz) ...... 267 Recommended (mustaḥabb) and disapproved (makrūh) acts of sajdah ...... 270 Obligatory (wājib) prostrations of the r’an ...... 271 Testifying (tashahhud) ...... 273 Salutation (salām) ...... 275 Sequence (tartīb) ...... 276 Close succession (muwālāh) ...... 277 nūt ...... 277 Translation of prayers ...... 279 1. Translation of Surat al-Ḥamd ...... 279 2. Translation of Surat al-Ikhlāṣ ...... 280 3. Translation of the dhikr of rukūʿ and sujūd, and the dhikrs that are recommended to be said aer them .280 4. Translation of qunūt ...... 281 5. Translation of al-tasbīḥāt al-arbaʿah ...... 282 6. Translation of the complete tashahhud and salām . .282 Supplications aer prayers (taʿqībāt) ...... 283 Ṣalawāt ...... 284 ings that invalidate (mubṭilāt) prayers ...... 284 ings that are disapproved (makrūh) in prayers ...... 293 Instances of when it is permied (jāʾiz) to break an obligatory (wājib) prayer ...... 293 Doubts that arise in prayers (shakkiyyāt) ...... 294 Doubts that invalidate prayers ...... 295 Doubts that must be dismissed ...... 295 1. A doubt about an act for which the time of performance has passed ...... 296 2. Doubt aer salām ...... 298 3. Doubt aer the time of prayers ...... 299 4. An excessive doubter (kathīr al-shakk) ...... 299 5. Doubt of an imam and a follower in congregational prayers ...... 301 6. Doubts in recommended prayers ...... 302 Doubts that are valid (ṣaḥīḥ) ...... 303 Method of performing the precautionary prayer (ṣalāt al-iḥtiyāṭ) ...... 309 e prostration for inadvertence (sajdat al-sahw) ...... 313 Method of performing sajdat al-sahw ...... 316 Making up (qaḍāʾ) a forgoen sajdah ...... 317 Omiing or adding components or conditions of the prayer ...... 318 Prayers of a traveller ...... 321 Miscellaneous rulings on the prayer of a traveller ...... 338 Lapsed (qaḍāʾ) prayers ...... 341 Lapsed (qaḍāʾ) prayers of a father that are obligatory (wājib) on the eldest son ...... 344 Congregational prayers (ṣalāt al-jamāʿah) ...... 345 Conditions of the imam of congregational prayers ...... 356 Rules of congregational prayers ...... 357 Duties of the imam and the follower in congregational prayers ...... 361 ings that are disapproved (makrūh) in congregational prayers ...... 363 e prayer of signs (ṣalāt al-āyāt) ...... 363 Method of performing ṣalāt al-āyāt ...... 366 e Eid al-Fiṭr & Eid al-Aḍḥā prayers ...... 369 Hiring someone to perform prayers ...... 373
4. Fasting (Ṣawm) ...... 378 Intention (niyyah) ...... 379 ings that invalidate a fast ...... 384 1. Eating and drinking ...... 385 2. Sexual intercourse ...... 387 3. Masturbation ...... 387 4. Ascribing something false to Allah, Prophet Muḥammad (Ṣ), and the Twelve Imams (ʿA) ...... 389 5. Causing dust to reach the throat ...... 390 6. Remaining in a state of janābah, ḥayḍ, or niās until the time of ṣubḥ prayers ...... 391 7. Applying enema ...... 395 8. Vomiting ...... 396 Laws of things that invalidate a fast ...... 397 ings that are disapproved (makrūh) for a fasting person to do ...... 398 Times when it is obligatory (wājib) to both make up (qaḍāʾ) and give recompense (kafārah) ...... 398 Recompense (kafārah) of a fast ...... 399 Times when it is obligatory (wājib) to only make up (qaḍāʾ) a fast ...... 404 Laws of a lapsed (qaḍāʾ) fast ...... 406 Laws of fasting for a traveller ...... 410 ose on whom fasting is not obligatory (wājib) ...... 412 Ways of establishing the first of the month ...... 413 Unlawful (ḥarām) and disapproved (makrūh) fasts ...... 415 Recommended (mustaḥabb) fasts ...... 417 Times when it is recommended (mustaḥabb) for one to abstain from things that invalidate a fast ...... 418
5. Spiritual Retreat (Iʿtikāf) ...... 420 Conditions for the validity of iʿtikāf ...... 421 Leaving the place of iʿtikāf ...... 427 Miscellaneous rulings on iʿtikāf ...... 430
6. e One-Fih Tax (Khums) ...... 434 1. Profit from earnings ...... 435 2. Minerals ...... 445 3. Treasure Troves ...... 446 4. Lawful property that has become mixed with unlawful property ...... 448 5. Gems acquired by underwater diving ...... 450 6. Spoils of war ...... 451 7. Land that a dhimmī purchases from a Muslim ...... 452 Distribution of khums ...... 453
7. Enjoining Good and Forbidding Evil ...... 457
8. Alms Tax (Zakat) ...... 463 Conditions for zakat to become obligatory (wājib) ...... 464 Zakat of wheat, barley, and raisins ...... 466 e taxable limit (niṣāb) for gold ...... 472 e niṣāb for silver ...... 472 Zakat of camels, cows, and sheep ...... 475 e niṣāb for camels ...... 475 e niṣāb for cows ...... 476 e niṣāb for sheep ...... 477 Zakat on business goods ...... 479 Distribution of zakat ...... 480 Criteria for being entitled to receive (mustaḥiqq) zakat . . . 484 Intention (niyyah) for giving zakat ...... 487 Miscellaneous rulings on zakat ...... 488 e fiṭrah alms tax (zakāt al-fiṭrah) ...... 493 Distribution of zakāt al-fiṭrah ...... 497 Miscellaneous rulings on zakāt al-fiṭrah ...... 498
9. Hajj ...... 501
Appendix: Table of Weights and Measures ...... 506 Glossary ...... 507 Works Consulted ...... 519 F
By the grace of Allah, e World Federation is pleased to present to the community the first volume of a new translation of the Tawḍīḥ al-Masāʾil of His Eminence al-Sayyid Ali al-Husayni al-Sistani (may Allah protect him). e first translation of this work, by Mulla Asgharali M. M. Jaffer, was published by e World Federation in 1994. is edition contains new rulings, as well as changes to some previous rulings, and is annotated by the translator.
roughout this project we have kept the Office of His Eminence al-Sistani informed and updated. e work has been long-awaited and much-demanded by many community members. e Islamic Education Department of e World Federation has tried for many years to make this a reality but constantly faced obstacles in this task. We were therefore delighted when Shaykh Mohammed Ali Ismail accepted the challenge and agreed to translate this most vital work for us. Not only is this a high-quality translation but it is also a well-researched work that contains helpful footnotes as well as numerous clarifications in square brackets, which will assist readers to beer understand the rulings and perform their duties to Allah. A glossary of legal terms and an appendix featuring a table of weights and measures are also useful additions.
I also acknowledge and appreciate the efforts of the editors as well as the support of e World Federation office bearers. A special word of thanks goes to Sayyid Aliraza Naqvi, formerly e World Federation’s Assistant Secretary General responsible for Islamic Education, as it was he who commenced this project. May Allah reward them and everyone else who has contributed to this work with the best in this life and in the hereaer, and may He grant them all increased success and grace.
KUMAIL RAJANI Head of Islamic Education Department, e World Federation m, Jumādā al-Ūlā 1436 / March 2015
i T’ P
In the name of Allah, the All-Beneficent, the Ever-Merciful. All praise is for Allah, Lord of the worlds. May Allah bless Muḥammad and his pure progeny. ~
e current volume represents a translation of the section pertaining to ritual acts of worship in the Persian Tawḍīḥ al-Masāʾil (literally, Explanation of Rulings) of His Eminence Ali al-Husayni al-Sayyid al-Sistani. e text used for this translation is the thirty-first edition, published in 2014 by the m office of His Eminence. e following is a list of the most important conventions that have been adopted in this work.
1. e particular wording employed by a jurist in his rulings is highly significant; sometimes, even small differences in expression can impact greatly on people’s lives. With this in mind, and given that the present work is a translation of a manual of jurisprudential rulings, the aim has been to produce a translation that is as close to the original wording as possible. However, where this approach would have produced unfamiliar or unclear expressions in English, a more idiomatic style has been adopted. 2. Annotations and glosses have been added in an effort to enhance the reader’s understanding of the rulings and to facilitate cross-referencing with other parts of the work. Many of these annotations and glosses have been based on al-Sayyid al-Sistani’s other works on Islamic law, particularly Minhāj al-Ṣāliḥīn. 3. In order for all aspects of the work to be accessible to as many English-speaking people around the world as possible, the standard Arabic spelling and pronunciation has been used as a model for the transliteration of legal terminology; for example, ‘qurbah’ and ‘awwal’ have been preferred to ‘qurbat’
ii and ‘avval’. For the same reason, in the case of compound terms, the Arabic form has been preferred; for example, ‘ahl al-kitāb’ and ‘al-iḥtiyāṭ al-wājib’ have been used instead of ‘ahl-i kitāb’ and 'iḥtiyāṭ-i wājib'. 4. e transliteration of those Arabic parts of the text that in practice are meant to be articulated verbally has aimed to facilitate a more natural and uninterrupted pronunciation of the words and sentences. For example, in the section on the translation of prayers, ‘ihdinaṣ ṣirāṭal mustaqīm’ has been preferred to ‘ihdinā al-ṣirāṭ al-mustaqīm.’ 5. To avoid making the text longer and more complex than necessary by constantly stating ‘he/she’ in rulings common to both genders, the word ‘he’ is used to refer to both a man and a woman except when the ruling is such that it can only apply to one gender. 6. e words ‘should’ and ‘should not’ are used in the context of recommendations and disapprovals, whereas ‘must’ and ‘must not’ refer to instructions that are obligatory to follow. 7. In the original work, many parts of the text that are in Arabic - including nearly all the supplications - are not translated into Persian. However, it was felt that all the Arabic text should be translated into English and included in the current work for the benefit of readers with lile or no knowledge of Arabic. 8. In order to produce a more fluid text, the use of square brackets to indicate the inclusion of words that are not in the original work has been kept to a minimum. 9. Legal terminology has been translated into English on the first occasion in each chapter. Upon subsequent use of these terms, only the original Arabic word or its English equivalent is given, depending on which one was deemed to be more familiar to the majority of English-speaking Shia Muslims, or in some cases, more suited to the particular context. In the main headings, however, both the key Arabic and English terms have been mentioned. Original terms and their translations can also be found in the glossary and appendix at the end of the book. 10. All translations of ranic passages are from Ali li Qara’i’s e r’an: With a Phrase-by-Phrase English Translation (London: ICAS Press, 2005).
iii 11. e invocation ‘ṣallal lāhu ‘alayhi wa ālih’ (may Allah bless him and his progeny) aer the mention of Prophet Muḥammad has been indicated by the abbreviation ‘Ṣ’; similarly, the invocation ‘ʿalayhis/ʿalayhas/ʿalayhimus salām’ (peace be upon him/her/ them) aer the mention of one or all of the Imams, or Lady Fāṭimah, has been indicated by the abbreviation ‘ʿA’.
I would like to take this opportunity to thank Shaykh Abbas Mohamed Husein Ismail and Dr Amir Dastmalchian for editing and proofreading this work. I am also grateful to Mohammad Mehdi Baghi for his amiable assistance with the meaning of certain words and phrases in the original text. Warm thanks are due to Shaykh Kumail Rajani, e World Federation’s Head of Islamic Education, for his perceptive observations in the final dra of the text. I am grateful to the offices of His Eminence al-Sayyid al-Sistani in m and in London for providing clarification on certain rulings. My appreciation also goes to Sayyid Aliraza Naqvi, formerly e World Federation’s Assistant Secretary General responsible for Islamic Education, for initiating the project which has resulted in this translation and for his support throughout. Finally, I am thankful to my wife for all her contributions during the course of this work.
I beseech Allah, without whose grace nothing can come to fruition, to accept the efforts of all those who have been His agents in this project and to bless us all with the success to worship Him as true servants.
MOHAMMED ALI ISMAIL London, Jumādā al-Ūlā 1436 / March 2015
iv T
Arabic terms which do not have standard spellings in English have been transliterated according to the system set out on this page.
a, i, or u (initial form) l ل ء ʾ (medial of final form) m م ء a n ن ا b h ھ ب t w و ت th y ي ث j h (without iḍāfah) ة ج ḥ t (with iḍāfah) ة ح kh ~ ~ خ d al- * ال د dh a َـ ذ r i ِـ ر z u ُـ ز s ā َـﺎ / آ / ٰی س sh ī ِـﻲ ش ṣ ū ُـﻮ ص ḍ ʾā (medial form) آ ض ṭ ay َـ ْﻲ ط ẓ ayy َـ ّﻲ ظ ʿ iyy (medial form) ِـ ّﻲ ع gh ī (final form) ِـ ّﻲ غ f aw َـ ْﻮ ف q aww َـ ّﻮ ق k uwww ُـ ّﻮ ك
* is does not apply, however, to those Arabic parts of the text that in practice are meant to be articulated verbally. See the fourth convention mentioned in the Translator’s Preface. v
F J (Tī) In the name of Allah, the All-Beneficent, the Ever-Merciful.
All praise is for Allah, Lord of the worlds. May there be blessings and peace upon the most noble of the Prophets and Messengers, Muḥammad, and his good and pure progeny. May there be a perpetual curse upon all of their enemies from now until the resurrection on the Day of Retribution. ~
Ruling 1. A Muslim’s belief in the fundamentals of religion (uṣūl al-dīn) must be based on personal insight [i.e. grounded in reason], and he cannot follow anyone in the fundamentals of religion; i.e. he cannot accept the word of someone who knows about the fundamentals of religion simply because that person said so. However, in the event that a person has certainty (yaqīn) in the rightful beliefs of Islam and expresses them - even though this certainty may not be based on insight - then that person is a Muslim and a believer and all the laws (aḥkām) of Islam and the faith are applicable to him.
However, in maers concerning the laws of religion - apart from those that are indispensable and indisputable [such as the obligation to perform prayers (ṣalāh)] - a person must either be a jurist (mujtahid)1 who is capable of ascertaining laws based on proof, or he must follow a mujtahid [i.e. do taqlīd], or he must exercise precaution (iḥtiyāṭ) by performing his duty in a way that he is certain to have fulfilled his responsibility (taklīf).
An example of exercising precaution: if a group of mujtahids consider an act unlawful (ḥarām) and another group say it is not unlawful, the person must not perform that act.
Another example of exercising precaution: if a group of mujtahids 1 A mujtahid is a person who has aained the level of ijtihād, qualifying him to be an authority in Islamic law. Ijtihād is the process of deriving Islamic laws from authentic sources. 2 consider an act obligatory (wājib) and another group consider it recommended (mustaḥabb), the person must perform it.
erefore, it is obligatory on those who are not mujtahids and who cannot act on precaution to follow a mujtahid.
Ruling 2. Following a jurist in Islamic laws means acting in accordance with a mujtahid’s instructions. Only a mujtahid who is male, of the age of legal responsibility (bāligh), sane (ʿāqil), a Twelver (Ithnā ʿAsharī) Shia, of legitimate birth, living, and just (ʿādil), can be followed.
A ‘just’ person is someone who does the things that are obligatory on him and refrains from doing the things that are unlawful for him. e sign of being ‘just’ is that one appears to be a good person, such that if local people, neighbours, or those who associate with him were to be asked about him, they would confirm his good character.
In cases where it is known, albeit vaguely, that there are differences in the fatwas [as defined in Ruling 4 below] of mujtahids in maers that are commonly encountered, it is necessary to follow the mujtahid who is the most learned (aʿlam); i.e. the one most capable of understanding the law (ḥukm) of Allah from among all the mujtahids of his time.
Ruling 3. A mujtahid or the most learned can be identified in one of three ways:
1. a person himself is certain [that someone is a mujtahid or the most learned]. For example, the person himself is a scholar and is able to identify a mujtahid and the most learned; 2. two learned and just people who are able to distinguish a mujtahid and the most learned confirm that someone is a mujtahid or the most learned, provided that two other learned and just people do not disagree with their
3 statement. In fact, being a mujtahid or the most learned is also established by even one expert (ahl al-khibrah) whom one trusts; 3. a person aains confidence (iṭmiʾnān) that a person is a mujtahid or the most learned by rational means. For example, a group of scholars that are able to distinguish a mujtahid and the most learned and from whose statements one gains confidence, confirm that someone is a mujtahid or the most learned.
Ruling 4. ere are four ways to obtain a fatwa, i.e. a religious verdict issued by a mujtahid :
1. hearing it from the mujtahid himself; 2. hearing it from two just people who narrate the mujtahid’s fatwa; 3. hearing it from someone whose word one trusts; 4. reading it in the manual of Islamic rulings (risālah) of the mujtahid, on condition that one has confidence in the manual being correct.
Ruling 5. As long as a person is not certain that the mujtahid’s fatwa has changed, he can act according to what is wrien in his manual of Islamic rulings. Furthermore, if a person deems it probable that a fatwa has changed, it is not necessary for him to investigate.
Ruling 6. If the most learned mujtahid gives a fatwa on any maer, a follower (muqallid) of his cannot act upon another mujtahid’s fatwa in that maer.
However, if he does not give a fatwa and says that based on precaution (iḥtiyāṭ), such and such action must be taken - for example, he says: based on precaution, in the first and second units (rakʿah) of a prayer, a complete chapter (surah) of the r’an must be recited aer Surat al-Ḥamd - then the follower must either act in accordance with this precaution, which is known as
4 ‘obligatory precaution’ (al-iḥtiyāṭ al-wājib) or ‘necessary precaution’ (al-iḥtiyāṭ al-lāzim),2 or he must act in accordance with the fatwa of the next most learned mujtahid;3 and if the next most learned mujtahid regards the recitation of only Surat al-Ḥamd as being sufficient, he can choose not to recite the other surah.
e same applies [i.e. it amounts to saying that the ruling is based on obligatory precaution] when the most learned mujtahid says the maer is one of ‘deliberation’ (maḥall al-tẚʾammul) or ‘problematic’ (maḥall al-ishkāl).
Ruling 7. If the most learned mujtahid, before or aer giving a fatwa on a maer, expresses precaution - for example, he says: an impure (najis) container that is washed once in kurr4 water becomes pure (ṭāhir), although based on precaution it should be washed three times - his follower does not have to perform this precautionary measure [but is recommended to]. is is called ‘recommended precaution’ (al-iḥtiyāṭ al-mustaḥabb).
Ruling 8. If a mujtahid whom a person is following [i.e. doing taqlīd o] dies, his authority aer his death is the same as his authority when he was alive. erefore, if he is more learned than a living mujtahid, the follower who has a general notion about there being a difference [of opinion between the two mujtahids] in rulings (masāʾil) that he commonly encounters, must continue following him. However, in the event that a living mujtahid is more learned than him, he must refer to the living mujtahid.
If it is not known who is the most learned among the mujtahids or they are equal, in case it is established that one of them is more cautious than the other - i.e. he exercises more caution in
2 To avoid over-complicating the text, and given that ‘al-iḥtiyāṭ al-wājib’ and ‘al-iḥtiyāṭ al-lāzim’ refer to the same thing, both terms have been translated in the present work as ‘obligatory precaution’. 3 In the terminology of Islamic jurisprudence, acting on the fatwa of the next most learned mujtahid when one’s marjaʿ has stated that a ruling is based on obligatory precaution is known as ‘rujūʿ’. 4 A quantity of water greater or equal to approximately 384 litres. See Ruling 14. 5 giving fatwas - then that mujtahid must be followed. However, if it is not established which one is more cautious, then the follower has the choice to act according to the fatwa of whichever mujtahid he wants, except in cases of ‘non-specific knowledge’ (al-ʿilm al-ijmālī) or the arising of ‘non-specific authority’ (al-ḥujjat al-ijmāliyyah) over responsibility. For example, in case there is a difference of opinion with regard to performing the shortened (qaṣr) or complete (tamām) form of the prayer [in a particular situation], he must, based on obligatory precaution, observe the fatwa of both mujtahids.5
e term ‘taqlīd’ mentioned at the outset of this ruling simply means undertaking to follow the fatwa of a particular mujtahid; it does not mean acting in accordance with his instructions.6
Ruling 9. It is necessary for a mukallaf7 to learn those rulings that he considers he probably needs to learn in order to avoid sinning. ‘Sinning’ means not performing obligatory acts and performing unlawful acts.
Ruling 10. If a person comes across a maer for which he does not know the Islamic ruling, it is necessary for him to act with 5 e terms mentioned in this part of the ruling refer to concepts discussed in the Islamic science known as the ‘principles of jurisprudence’ (uṣūl al-fiqh). Although the scope of the present work does not allow for a detailed explanation of these concepts, it would be appropriate to expand a lile on the example used in the text concerning ‘non-specific knowledge’. Suppose a person finds himself in a situation where he is certain that he must perform prayers but he does not know whether his duty is to perform prayers in their shortened form - as a traveller would be required to - or in their complete form. is state of knowledge (i.e. the certainty of the general duty to perform prayers) that is accompanied by doubt concerning one’s exact duty (i.e. whether to perform the shortened or the complete form of the prayer) is known as ‘non-specific knowledge’. In this example, the person would need to perform both possibilities - i.e. the shortened and complete forms of the prayer - in order to be certain that he has fulfilled his duty. 6 erefore, one is considered to be a muqallid from the time he makes the intention to follow a particular mujtahid, even if he has not yet acted in accordance with that mujtahid’s fatwas. 7 A mukallaf is someone who is legally obliged to fulfil religious duties. 6 caution, or to follow a mujtahid according to the aforementioned conditions. However, in the event that a person does not have access to the fatwa of the most learned mujtahid, it is permied (jāʾiz) for him to follow the next most learned mujtahid.
Ruling 11. If someone relates a mujtahid’s fatwa to a second person, in the event that the mujtahid’s fatwa changes, it is not necessary for him to inform that second person that the fatwa of the mujtahid has changed. However, if aer relating a fatwa a person realises that he has made a mistake and his statement will cause that second person to act against his legal duty, he must, based on obligatory precaution, rectify his mistake if possible.
Ruling 12. If for a period of time a mukallaf performs his actions without following a mujtahid, there are two situations to consider: the first is that his actions were in actual fact correctly performed, or they happened to be in accordance with the fatwa of a mujtahid who at present could be his marjaʿ;8 in this case his actions are valid (ṣaḥīḥ). e second is that he was inculpably ignorant (al-jāhil al-qāṣir),9 and his defective actions were not elemental actions (arkān)10 and suchlike; in this case as well, his actions are valid.
Similarly, [one’s actions are deemed to be valid] if he was culpably ignorant (al-jāhil al-muqaṣṣir)11 and his defective actions were of the type that if performed unknowingly they are valid, such as reciting [Surat al-Ḥamd and the second surah in prayers] aloud
8 A marjaʿ is a jurist who has the necessary qualifications to be followed in maers of Islamic jurisprudence (fiqh). See Ruling 2. 9 ‘Inculpably ignorant’ (al-jāhil al-qāṣir) is a term used to refer to someone who has a valid excuse for not knowing; for example, he relied upon something that he thought was authoritative but in fact was not. 10 Arkān is plural of rukn and refers to the elemental components of acts of worship. ere are specific rules that govern the validity of acts of worship if a rukn is omied or added. For example, with regard to prayers, the omission of a rukn renders the prayer invalid (bāṭil). See Ruling 928. 11 'Culpably ignorant’ (al-jāhil al-muqaṣṣir) is a term used to refer to someone who does not have a valid excuse for not knowing; for example, he was careless in learning religious laws. 7 (jahr) instead of reciting them in a whisper (ikhāt), or vice versa.12 Similarly, if a person does not know how he performed his actions, they are deemed to have been performed correctly, apart from a few cases that are mentioned in Minhāj.13
12 See Ruling 981. 13 is is a reference to Minhāj al-Ṣāliḥīn, al-Sayyid al-Sistani’s more detailed work on Islamic law. 8
P (Ṭā) UNMIXED (MUṬLAQ) AND MIXED (MUḌĀF) WATER
Ruling 13. Water is either ‘unmixed’ or ‘mixed’. ‘Mixed’ water is either water obtained from something, such as watermelon juice or rose water; or it is water that has been mixed with something else, such as water that has been mixed with some mud etc., such that it can no longer be called ‘water’. If water is not of the above type, it is ‘unmixed’; and unmixed water is of five types:
1. kurr water; 2. qalīl water; 3. flowing water; 4. rainwater; 5. well water.
1. Kurr water
Ruling 14. Kurr water is an amount of water that fills a container which has dimensions [i.e. length, breadth, and depth] totalling thirty-six hand spans,1 and this is equivalent to approximately 384 litres.
Ruling 15. If an intrinsic impurity (ʿayn al-najāsah) - such as urine or blood - or something that has become impure (mutanajjis) - such as impure clothing - comes into contact with kurr water, in the event that kurr water acquires the smell, colour, or taste of that impurity, it becomes impure; but if the kurr water does not change [in its smell, colour, or taste], it does not become impure.
Ruling 16. If the smell, colour, or taste of kurr water changes by means of something that is not impure, it does not become impure.
Ruling 17. If an intrinsic impurity like blood comes into contact with water that is more than kurr and changes part of its smell, colour, or taste, in the event that the amount that has not changed is less than kurr, all the water becomes impure; and if [the amount
1 An average span is approximately 22 centimetres. [Author] 10 that has not changed] is equal to kurr or more, only the amount that has changed its smell, colour, or taste is impure.
Ruling 18. e water of a fountain that is connected to kurr water purifies impure water. However, if it falls on impure water drop by drop, it does not purify it unless something is held over the fountain so that before the water begins to fall drop by drop, it connects to the impure water; and in order for the fountain water to purify the impure water, it is necessary that it mixes with the impure water.
Ruling 19. If an impure object is washed under a tap that is connected to kurr water, the water that drips from that object is pure (ṭāhir) if it is connected to kurr water and has not acquired the smell, colour, or taste of the impurity and does not contain an intrinsic impurity.
Ruling 20. If some part of kurr water freezes and the remaining water does not amount to kurr, in the event that an impurity comes into contact with it, it becomes impure; and however much of the ice melts is also impure.
Ruling 21. With regard to water that had been equivalent to kurr, if one doubts (i.e. has a shakk) whether it has become less than kurr or not, it will be treated as kurr water, meaning that it can still purify an impure object and if an impurity makes contact with it, it does not become impure [as long as its smell, colour, or taste does not change]. As for water that had been less than kurr, if one doubts whether it has become equal to kurr or not, it is ruled as (i.e. it has the ḥukm o) being less than kurr.
Ruling 22. ere are two ways to establish that a quantity of water is kurr:
1. one is certain (i.e. he has yaqīn) or confident (i.e. he has iṭmiʾnān) about it; 2. two just (ʿādil) men report it as so; however, if one just or trustworthy person or someone who has possession of the
11 kurr water reports it as so, and if his report does not give one confidence as to it being true, then considering such a report as being credible is problematic (maḥall al-ishkāl) [i.e. based on obligatory precaution (al-iḥtiyāṭ al-wājib), one must not consider the report to be credible].2
2. Qalīl water
Ruling 23. Qalīl water is water that does not gush from the earth and is less than kurr.
Ruling 24. If qalīl water is poured onto an impure object or an impure object comes into contact with qalīl water, the qalīl water becomes impure. However, if qalīl water is poured over an impure object from above, then the amount that comes into contact with the object is impure, and the amount that does not come into contact with it is pure.
Ruling 25. If qalīl water is poured onto an impure object in order to remove an intrinsic impurity from it and the qalīl water separates from the impure object, and if the impure object is from among those things that do not become pure by washing once,3 in such a case, the qalīl water [that has separated from it] is impure. Similarly, if aer removing the intrinsic impurity, qalīl water is poured onto an impure object in order to purify it and the qalīl water separates from it, then based on obligatory precaution, it is impure.
Ruling 26. Qalīl water with which the urinary outlet or the anus are washed does not make anything it comes into contact with impure, provided that five conditions are met:
1. it does not acquire the smell, colour, or taste of the impurity; 2. another impurity has not come into contact with it; 3. another impurity, such as blood, has not come out with the urine or faeces;
2 As mentioned in Ruling 6, the term ‘problematic’ (maḥall al-ishkāl) amounts to saying the ruling is based on obligatory precaution. 3 Such as the inside of an impure container. See Ruling 144. 12 4. particles of faeces do not appear in the water; 5. a more than usual amount of impurity has not spread around the urinary outlet or the anus.
3. Flowing water
Flowing water is water that: (1) has a natural source; (2) flows, even if it is made to flow by some means; (3) is continuous, generally speaking. It is not necessary that the water be connected to a natural source; therefore, if it is naturally disconnected from it - such as water falling from above in the form of drops - then as long as it flows on the earth, it is considered to be flowing water. However, if something becomes an obstacle to the water connecting to the source - for example, something becomes an obstacle to the water falling or gushing, or disconnects it from the source - then the remaining water is not ruled as being flowing water even if it flows on the earth.
Ruling 27. In the event that an impurity makes contact with flowing water - even if it is less than kurr - as long as the smell, colour, or taste of the water does not change by means of the impurity, it is pure.
Ruling 28. If an impurity makes contact with flowing water, the amount of flowing water that changes in smell, colour, or taste by means of the impurity is impure. Flowing water that is connected to a spring is pure even if it is less than kurr, and if the water that is on the other side of the stream is equal to kurr or it is connected to the spring by means of water that has not changed, it is pure; otherwise, it is impure.
Ruling 29. e water of a spring that is not flowing but is such that if water is taken from it water gushes out again, is not ruled as flowing water, meaning that if an impurity comes into contact with it and the water is less than kurr, it becomes impure.
Ruling 30. Water that is stagnant at the side of a stream and is connected to flowing water is not ruled as being flowing water.
13 Ruling 31. A spring that, for example, gushes in winter but does not gush in summer is ruled as being flowing water only when it gushes.
Ruling 32. If the water of a basin in a public bath is less than kurr, and the water is connected to the water of a tank which together with the water of the basin equals kurr, in the event that the water of the basin comes into contact with an impurity but its smell, colour, or taste does not change, the water does not become impure.
Ruling 33. With regard to water that pours out from taps and showers and flows in the pipes of bathrooms and buildings, if it is connected to a source that is equal to or greater than kurr, it is ruled as being kurr.
Ruling 34. With regard to water that flows on the earth but does not gush from it, in the event that it is less than kurr and an impurity comes into contact with it, it becomes impure. However, if the water flows from above and an impurity reaches its lower part, its upper part does not become impure.
4. Rainwater
Ruling 35. If rain falls once on an impure object that does not contain an intrinsic impurity, the area that comes into contact with the rain becomes pure. However, if a person’s body or some clothing has become impure by urine, then based on obligatory precaution, rain must fall on it twice for it to become pure. With carpets, clothing, and similar things, wringing out the rainwater is not necessary. Of course, a few drops of rain fall will not suffice; rather, it must be such that one can say it is raining.
Ruling 36. If rain falls on an intrinsic impurity and the water splashes, in the event that none of the intrinsic impurity is included in the splashed water and the water does not acquire the smell, colour, or taste of the impurity, the water is pure.
14 erefore, if rain falls on blood and the water splashes, in the event that particles of blood are present in the water or it acquires the smell, colour, or taste of blood, it is impure.
Ruling 37. If there is an intrinsic impurity on the roof of a building, then as long as it keeps raining on the roof, any water that comes into contact with the impure object and then falls down from the roof or guer is pure. However, aer it stops raining, if the water that falls from the roof or guer is known to have made contact with the impure object, then that water is impure.
Ruling 38. Ground that is impure becomes pure if rain falls on it; and if rainwater begins to flow on the ground and while it is still raining it comes into contact with an impure area under a roof, it purifies that area as well.
Ruling 39. If impure soil is completely soaked by rainwater, it becomes pure on condition that it is not known whether or not the water has turned into mixed water by means of it coming into contact with soil.
Ruling 40. Whenever rainwater collects in a place - even if its quantity is less than kurr - in the event that an impure object is washed in it while it is raining and the water does not acquire the smell, colour, or taste of the impurity, the impure object becomes pure.
Ruling 41. If rain falls on a carpet that is pure and which is spread on ground that is impure, and if while it is raining the water soaks through the carpet and comes into contact with the ground, the carpet does not become impure and the ground becomes pure.
5. Well water
Ruling 42. With regard to well water that gushes from the ground - even if its quantity is less than kurr - in the event that an impurity comes into contact with it, as long as its colour, smell, or taste does not change it, it is pure.
15 Ruling 43. If an impurity falls into a well and changes the water’s smell, colour, or taste, in the event that the change in the water disappears, it becomes pure. However, the water becoming pure is, based on obligatory precaution, conditional on it mixing with the water that gushes from the well.
LAWS RELATING TO THE DIFFERENT TYPES OF WATER
Ruling 44. Mixed water - the meaning of which was explained in Ruling 13. does not purify an impure object, and ritual bathing (ghusl) and ablution (wuḍūʾ) performed with it are invalid (bāṭil).
Ruling 45. Mixed water - even if its quantity equals kurr - becomes impure if a particle of an impurity comes into contact with it. However, in the event that it is poured from above onto an impure object, the amount that comes into contact with the impurity is impure, and the amount that does not come into contact with it is pure. For example, if rose water is poured from a rose water bole onto a hand that is impure, the amount that makes contact with the hand is impure, and the amount that does not make contact with the hand is pure.
Ruling 46. If impure mixed water is mixed with kurr water or flowing water in a way that it can no longer be called ‘mixed water’, it becomes pure.
Ruling 47. Water that was unmixed and it is not known whether or not that water has become mixed is deemed to be unmixed, meaning that it purifies an impure object, and wuḍūʾ and ghusl performed with it are valid (ṣaḥīḥ). Furthermore, water that was mixed and it is not known whether or not that water has become unmixed is deemed to be mixed, meaning that it does not purify an impure object, and wuḍūʾ and ghusl performed with it are invalid.
Ruling 48. If it is not known whether some water is unmixed
16 or mixed, or whether it was previously unmixed or mixed, then such water does not purify an impure object, and wuḍūʾ and ghusl performed with it are invalid; and in the event that an impurity makes contact with it and the water is less than kurr, it becomes impure; and if it is equal to or more than kurr, then based on obligatory precaution, it also becomes impure.
Ruling 49. If an intrinsic impurity like blood or urine comes into contact with water and changes its smell, colour, or taste, then even if it is kurr or flowing water it becomes impure. In fact, even if the smell, colour, or taste of the water changes by means of an impurity that is outside it - for example, an impure carcass that is lying by the side of the water changes the water’s smell - then based on obligatory precaution, the water also becomes impure.
Ruling 50. With regard to water into which an intrinsic impurity like blood or urine has fallen and there is a change in its smell, colour, or taste, in the event that it is connected to kurr or flowing water, or it rains on it, or wind makes the rain fall on it, or rainwater flows on it from a guer while it is raining, in all of these cases, if the change disappears, it becomes pure. However, the rainwater, kurr water, or flowing water must become mixed with it for it to be considered pure.
Ruling 51. If an impure object is purified in kurr or flowing water, the water that drips from the object aer the final wash that makes the object pure,4 and aer the object has been taken out of the water, is pure.
Ruling 52. Water that was pure and it is not known whether it has become impure or not is pure; and water that was impure and it is not known whether it has become pure or not is impure.
4 e number of times a particular object has to be washed in order for it to be purified depends on the type of object it is, the thing that made it impure, and the type of water it is washed with. For example, a container that has become impure with wine is purified by washing it three times with kurr water, flowing water, or suchlike. See Ruling 147. 17 LAWS RELATING TO EMPTYING THE BOWELS AND THE BLADDER
Ruling 53. It is obligatory (wājib) for one to cover his private parts when emptying his bowels and/or bladder, and at other times, from people who are mukallaf,5 even if they are his maḥram,6 like his mother and sister. Similarly, it is obligatory for one to cover his private parts from an insane person and from a child who is mumayyiz, i.e. someone who is able to discern between right and wrong. However, it is not necessary for a husband and wife to cover their private parts from each other.
Ruling 54. It is not necessary for one to cover his private parts with a particular object, and if, for example, he covers his private parts with his hand, it will suffice.
Ruling 55. Based on obligatory precaution, when one is emptying his bowels and/or bladder, neither the front of the body - i.e. the stomach and chest - nor the back must face qibla.7
Ruling 56. When one is emptying his bowels and/or bladder, if the front or back of one’s body faces qibla and he turns his private parts away from qibla, it will not suffice. Furthermore, the obligatory precaution is that when one is emptying his bowels and/or bladder, he must not sit in a way that his private parts face qibla, nor must he sit in a way that his private parts face in the direction that is directly opposite qibla.
Ruling 57. e recommended precaution (al-iḥtiyāṭ al-mustaḥabb) is that the front or back of one’s body should not face qibla while performing istibrāʾ8 - the laws (aḥkām) of which will be mentioned later - nor while purifying the urinary outlet and the anus. 5 A mukallaf is someone who is legally obliged to fulfil religious duties. 6 A maḥram is a person whom one is never permied to marry on account of being related to them in a particular way; for example, by being their parent or sibling. 7 Qibla is the direction towards the Kaʿbah in Mecca. 8 Istibrāʾ here refers to the process of clearing the male urethra aer urinating. 18 Ruling 58. If a person is obliged to face his front or back to qibla so that someone who is not his maḥram does not see him, then based on obligatory precaution, he must sit with his back facing qibla.
Ruling 59. e recommended precaution is that a child should not be made to sit in a way that his front or back faces qibla when he is emptying his bowels and/or bladder.
Ruling 60. It is unlawful (ḥarām) for one to empty his bowels and/or bladder in four places:
1. in dead-end alleys without the permission of the owners. e same applies to public alleys and roads in the event that it causes harm to pedestrians; 2. on the property of someone who has not given permission for one to empty his bowels and/or bladder on it; 3. in a place that is a charitable endowment (waqf) for use by particular groups, such as some schools; 4. on the graves of believers, whether it is disrespectful to them or not, except if the land is al-mubāḥāt al-aṣliyyah [i.e. property that does not belong to anyone in particular and can be used by people in general]; and the same applies to any place where emptying one’s bowels and/or bladder causes dishonour to one of the sacred things of the religion or faith.
Ruling 61. In three cases, the anus can be purified with water only:9
1. another impurity like blood comes out with the faeces; 2. an external impurity comes into contact with the anus, except if urine comes into contact with the anus in the case of women; 3. if the area around the anus has become impure by an amount that is more than usual. 9 Rulings 61-68 concern a maer that is referred to in Islamic law as ‘istinjaʾ’, i.e. purification of the anus and the urinary outlet. 19 In cases other than these three, the anus can be purified with water, or, in accordance with the instructions that will be mentioned later, it can be purified with cloth, stone, or a similar thing, although it is beer to wash it with water.
Ruling 62. e urinary outlet does not become pure with anything other than water and washing it once is sufficient, although the recommended precaution is that it should be washed twice, and it is even beer to wash it three times.
Ruling 63. If the anus is washed with water, no trace of faeces must remain on it. However, there is no problem if the colour and smell remain; and if aer the first time it is washed no particle of faeces remains, it is not necessary to wash it again.
Ruling 64. e anus can be purified with stone, a clod of earth, cloth, or a similar thing if they are dry and pure; and there is no problem if they have a lile moisture that does not wet the outlet.
Ruling 65. It suffices if the anus is completely purified once with stone, a clod of earth, or cloth. However, it is beer to purify it three times by using three pieces; and if it does not become purified aer three times, one must keep trying to purify it until it becomes completely purified. However, there is no problem if traces remain that are not normally removed except by washing.
Ruling 66. It is unlawful to purify the anus with things that must be respected, such as paper on which the name of Allah and the Prophets are wrien. ere is no problem in purifying the anus with a bone or with dung.
Ruling 67. If a person doubts whether or not he has purified the anus or urinary outlet, it is necessary that he purifies it even if he habitually purifies it immediately aer emptying his bowels and/or bladder.
Ruling 68. If aer performing prayers (ṣalāh) one doubts whether
20 or not he had purified the anus or urinary outlet before performing prayers, the prayers that he performed are valid but he must purify the anus or urinary outlet for the next prayer.
CLEARING THE MALE URETHRA OF URINE (ISTIBRĀʾ)
Ruling 69. Istibrāʾ is a recommended (mustaḥabb) act performed by men aer urinating in order to be confident that no urine is le in the urethra. It is performed in a number of ways; one way is as follows: aer urinating, the anus is first purified if it has become impure; then, the middle finger of the le hand is slid three times from the anus up to the scrotum; then, the thumb is placed on the penis and the forefinger is placed under the penis, and the thumb and forefinger are pulled three times along the penis up to the point of circumcision; finally, the end of the penis is pressed three times.
Ruling 70. e fluid that sometimes comes out of the penis as a result of sexual arousal, called ‘madhī’, is pure. And the fluid that sometimes comes out aer the ejaculation of semen, called ‘wadhī’, is also pure. As for fluid that sometimes comes out aer urinating and which is called ‘wadī’, if it has not come into contact with urine, it is pure. Furthermore, in the event that a person performs istibrāʾ aer urinating and then fluid comes out and he doubts whether it is urine or one of these three fluids, it is pure.
Ruling 71. If a person doubts whether he has performed istibrāʾ or not and fluid comes out and he does not know whether it is pure or not, it is impure; and in the event that he performed wuḍūʾ, his wuḍūʾ becomes void (bāṭil). However, if a person doubts whether the istibrāʾ he performed was correct or not and fluid comes out and he is unsure whether it is pure or not, then it is pure and it does not invalidate his wuḍūʾ either.
Ruling 72. If someone who has not performed istibrāʾ becomes confident that no urine is le in the urethra due to the passing of time since he urinated, and if he then sees some fluid and
21 doubts whether it is pure or not, that fluid is pure and it does not invalidate wuḍūʾ either.
Ruling 73. If a person performs istibrāʾ aer urinating and then performs wuḍūʾ, in the event that aer wuḍūʾ he sees fluid that he knows to be either urine or semen, it is obligatory that as a precaution he performs ghusl as well as wuḍūʾ. However, if he had not performed wuḍūʾ, it is sufficient for him to perform wuḍūʾ only.
Ruling 74. ere is no istibrāʾ for women aer urinating, and if a woman sees fluid and doubts whether it is urine or not, it is pure and it does not invalidate her wuḍūʾ or ghusl.
RECOMMENDED (MUSTAḤABB) AND DISAPPROVED (MAKRŪH) ACTS WHEN EMPTYING THE BOWELS AND THE BLADDER
Ruling 75. When one is emptying his bowels and/or bladder, it is recommended for him to sit in a place where no one sees him; and when entering the lavatory, to enter with the le foot first; and when exiting, to exit with the right foot first. Furthermore, when one is emptying his bowels and/or bladder, it is recommended for him to cover his head and to place the weight of his body onto his le leg.
Ruling 76. It is disapproved for one to face the sun or the moon when he is emptying his bowels and/or bladder. However, if by some means he covers his private parts, it is not disapproved. It is also disapproved to empty one’s bowels and/or bladder while facing the wind, on roads and streets, in alleyways, in front of the door of a house, and under fruit-yielding trees. Furthermore, while one is emptying his bowels and/or bladder, it is disapproved to eat, to take a long time, and to wash with the right hand. It is also disapproved to talk while one is emptying his bowels and/or bladder; there is no problem, however, if one is compelled to talk or if one is remembering Allah (saying dhikr).
22 Ruling 77. It is disapproved to urinate while standing, and on hard ground, and in the nests and dens of animals, and in water - particularly stagnant water.
Ruling 78. It is disapproved to withhold passing faeces and urine; and if withholding is in a general sense harmful for the person, it is unlawful.
Ruling 79. It is recommended that one urinates before offering prayers, before sleeping, before sexual intercourse, and aer ejaculation.
IMPURITIES (NAJĀSĀT)
Ruling 80. ere are ten things that are impure [intrinsically]:10
1. urine; 2. faeces; 3. semen; 4. corpse; 5. blood; 6. dog; 7. pig; 8. disbeliever (kāfir); 9. wine; 10. sweat of an excrement-eating animal.
1. & 2. Urine and Faeces
Ruling 81. e urine and faeces of a human being and every animal whose meat is unlawful to eat and whose blood gushes out - meaning that if its jugular vein is cut, blood runs out with a gush - is impure. e faeces of an animal whose meat is unlawful but whose blood does not gush out, like fish that are unlawful to eat, as well as the droppings of small animals, like mosquitoes and flies that do not have flesh, are pure. Furthermore, the urine of an
10 Each of these things is also known as an ‘intrinsic impurity’ (ʿayn al-najāsah). 23 animal whose meat is unlawful and whose blood does not gush out must be avoided11 [i.e. it is ruled as being impure], based on obligatory precaution.
Ruling 82. e urine and droppings of birds whose meat is unlawful are pure, but it is beer to avoid them [i.e. it is beer not to rule them as being pure].
Ruling 83. e urine and faeces of an animal who eats excrement are impure, and the same applies to the urine and faeces of a kid [i.e. a baby goat] that has drank the milk of a pig - as per the details that will be mentioned in the laws relating to types of food and drink - and [the same applies to the urine and faeces o] an animal that a human being has had sexual intercourse with.
3. Semen
Ruling 84. e semen of a man - and of every male animal whose meat is unlawful and whose blood gushes out - is impure. e fluid that comes out of a woman following sexual arousal and causes her to be in a state of ritual impurity (janābah) - as per the details that will be mentioned in Ruling 345 - has the ruling of semen. Furthermore, based on obligatory precaution, the semen of an animal whose meat is lawful (ḥalāl) and whose blood gushes out must be avoided [i.e. it is ruled as being impure].
4. Corpse
Ruling 85. e corpse of a human being is impure, as is the carcass of an animal whose blood gushes out, irrespective of whether it died naturally or was killed in a manner that is not instructed by Islamic law. As for fish, as they do not have blood that gushes out, they are pure even if they die in the water.
Ruling 86. ose parts of a corpse or a carcass of an animal [as
11 e term ‘avoided’ (ijtināb) here means it cannot be used for anything that is conditional on being pure, such as eating, drinking, and wuḍūʾ. 24 defined in the previous ruling] that do not contain life - such as wool, fur, fine wool, bones, and teeth - are pure.
Ruling 87. If flesh or something else that contains life is separated from the body of a human being or an animal whose blood gushes out while it is alive, it is impure.
Ruling 88. If small pieces of skin from the lips or other parts of the body are peeled off, in the event that they do not contain life and are easily peeled off, they are pure.
Ruling 89. An egg that comes out of the stomach of a dead hen is pure even if the skin around it has not hardened; however, its exterior must be washed with water.
Ruling 90. If a lamb or a kid dies before it starts to graze, the rennet in its stomach is pure. However, in the event that the rennet is not liquid, the exterior of it that has come into contact with the body of the dead animal must be washed.
Ruling 91. If a person is not certain whether medicine, perfume, oil, wax, or soap that has been imported from a non-Islamic country is impure, it is pure.
Ruling 92. If there is a probability that some meat, fat, or hide has come from an animal that has been killed according to Islamic law, it is pure. However, if it is obtained from a disbeliever or from a Muslim who obtained it from a disbeliever without investigating whether or not it was from an animal that was killed according to Islamic law, then the meat or fat is unlawful to eat but performing prayers with the hide is permied (jā’iz). And if it is obtained from a Muslim market or from a Muslim but it is not known whether or not he obtained it from a disbeliever, or there is a probability that he has investigated even though he obtained it from a disbeliever, then in all of these cases, eating the meat or fat is permied on condition that the Muslim had some discretion over it that is particular to lawful meat, such as selling it for eating.
25 5. Blood
Ruling 93. e blood of a human being and every animal whose blood gushes out (i.e. an animal whose blood runs out with a gush when its jugular vein is cut) is impure. erefore, the blood of an animal whose blood does not gush out, such as fish or mosquitoes, is pure.
Ruling 94. If an animal whose meat is lawful to eat is killed in accordance with the instructions of Islamic law, and a sufficient amount of the animal’s blood runs out, the blood that remains in its body is pure. However, the blood that goes back into the body of the animal as a result of the animal breathing, or because its head was at a high level, is impure.
Ruling 95. e recommended precaution is that the yolk of an egg that has a particle of blood in it should be avoided [i.e. it is beer not to consume it].
Ruling 96. e blood that is sometimes seen when milking an animal is impure and it makes the milk impure.
Ruling 97. If blood that comes from in-between the teeth disappears by becoming mixed with saliva, it is not necessary to avoid swallowing the saliva [i.e. it is not ruled as being impure].
Ruling 98. If dead blood forms under the nail or skin as a result of a blow and it becomes such that it can no longer be called ‘blood’, it is pure; but, if it can be called ‘blood’ and it becomes evident, it is impure. Furthermore, in the event that the nail or skin is pierced such that the blood is considered to be an outer part of the body, and if bringing out the blood and purifying the area for the purposes of wuḍūʾ or ghusl would cause one excessive difficulty (mashaqqah), then one must perform tayammum (dry ablution).
Ruling 99. If a person does not know whether some blood under the skin is dead blood or if the flesh has become like that as a result of a blow to it, it is pure.
26 Ruling 100. If at the time of boiling some food, a particle of blood falls into the food, then based on obligatory precaution, all the food and the pot become impure, and boiling, heat, and fire do not purify it.
Ruling 101. If it is not known whether or not pus that is found around a wound while it is healing is mixed with blood, it is pure.
6. & 7. Dog and Pig
Ruling 102. Dogs and pigs are impure, even their hair, bones, paws, nails, and the moisture from their body.
8. Disbeliever (kāfir)
Ruling 103. A person who does not believe in Allah or in His oneness is impure. Similarly, the following are impure: extremists (ghulāt) (i.e. those who regard one of the Imams (ʿA) as Allah, or say that Allah has immanence (ḥulūl) in the Imam (ʿA)),12 Kharijites (khawārij), and nawāṣib (i.e. those who show enmity towards the Imams (ʿA)). e same applies to a person who rejects prophethood or any one of the indispensable aspects of the religion - such as prayers (ṣalāh) and fasting (ṣawm) - if it is in a way that it amounts to refuting Prophet Muḥammad (Ṣ), albeit in a general manner. As for People of the Book (ahl al-kitāb) (i.e. Jews, Christians, and Zoroastrians), they are ruled as being pure.
Ruling 104. e entire body of a disbeliever is impure; this includes his hair, nails, and the moisture from his body.
Ruling 105. If the father, mother, paternal grandfather, and paternal grandmother of a child who is not of the age of legal responsibility (bāligh) are disbelievers, that child is also impure unless he is mumayyiz and professes Islam, in which case he is pure. And if he turns away from his father and mother and inclines
12 is refers to those who believe in the infusion or indwelling of Allah in the Imam (ʿA). 27 towards Muslims, or, if he is in the process of researching and investigating, then ruling him as being impure is problematic [i.e. considering him to be impure is based on obligatory precaution, and the necessity of precaution must be observed].13 And if either his father, mother, paternal grandfather, or paternal grandmother is a Muslim, then as per the details that will be mentioned in Ruling 210, the child is pure.
Ruling 106. If it is not known whether someone is a Muslim or not and there is no indication of him being a Muslim, he is pure. However, other rules of being a Muslim do not apply to him; for example, he cannot marry a Muslim woman and he cannot be buried in a Muslim cemetery.
Ruling 107. A person who abuses any of the Twelve Imams (ʿA) on account of his enmity towards them is impure.
9. Wine
Ruling 108. Wine is impure. Apart from wine, other things that intoxicate a human being are not impure.
Ruling 109. Alcohol, whether it is industrial or medicinal, in all its types is pure.
Ruling 110. If grape juice ferments by itself or by cooking, it is pure; however, it is unlawful to drink. Furthermore, based on obligatory precaution, boiled grapes are unlawful to consume but they are not impure.
Ruling 111. Dates, currants, raisins, and their juice, even if they ferment, are pure and it is lawful to consume them.
Ruling 112. Beer (fuqqāʿ), which is mainly made from barley and causes a low level of intoxication, is unlawful; and based on obligatory precaution, it is impure. However, barley water that does not cause any intoxication whatsoever is pure and lawful. 13 See Tawḍīḥ al-Masāʾil-i Jāmiʿ, vol. 1, p. 69, Ruling 122. 28 10. Sweat of an excrement-eating animal
Ruling 113. e sweat of a camel that habitually eats human impurity is impure, as is the sweat of other animals that do the same, based on obligatory precaution.
Ruling 114. e sweat of a person who becomes junub14 by unlawful means is pure, and prayers performed with that sweat are valid.
WAYS OF ESTABLISHING IMPURITY (NAJĀSAH)
Ruling 115. ere are three ways to establish the impurity of an object:
1. one is certain, or is confident by rational means, that the object is impure; and if one only supposes (i.e. has ẓann) that an object is impure, it is not necessary for him to avoid it [i.e. it is not ruled as being impure]. erefore, there is no problem in eating in cafes and in guest houses where the people who eat there are unconcerned about religious maers, and who do not observe laws relating to what is pure and what is impure, as long as one is not confident that the food brought to him is impure; 2. someone who is in possession of an object says it is impure, and he is not someone who is careless about religious maers such as purity and impurity; for example, one’s spouse, servant, or maid says that a container or something else that they have in their possession is impure; 3. two just men say that an object is impure, on condition that they give the reason for its impurity; for example, they say that that the object has come into contact with blood or urine. And if one just man, or some other person who is reliable, says something is impure but one does not gain confidence in what he says, the obligatory precaution is that one must avoid that thing [i.e. it is ruled as being impure]. 14 Junub is the term used to refer to a person who is in the state of ritual impurity (janābah). Janābah is explained in Ruling 344. 29 Ruling 116. If on account of not knowing the Islamic ruling one does not know whether an object is impure or pure - for example, he does not know whether the droppings of a mouse are pure or not - he must enquire about the ruling. However, if despite knowing the ruling one doubts whether an object is pure or not - for example, he doubts whether something is blood, or he does not know whether it is the blood of a mosquito or the blood of a human being - in these cases, the object is pure and it is not necessary for him to investigate or to ask about it.
Ruling 117. An impure object about which one doubts whether it has become pure or not is impure; and a pure object about which one doubts whether it has become impure or not is pure; and even if one is able to know whether the object is really impure or pure, it is not necessary for him to investigate.
Ruling 118. If someone knows that one of two containers or one of two items of clothing that he uses has become impure but he does not know which one, he must avoid both of them [i.e. they are not ruled as being pure]. However, if, for example, one does not know whether it is his own clothing that has become impure or clothing that he does not have any right of disposal over and which is the property of someone else, it is not necessary for him to avoid it [i.e. it is not ruled as being impure].
HOW A PURE (ṬĀHIR) OBJECT BECOMES IMPURE (NAJIS)
Ruling 119. If a pure object touches an impure object and both or one of them is wet - such that the wetness of one transfers onto the other - the pure object becomes impure; however, it does not become impure through multiple intermediaries [i.e. the transfer of impurity is limited to two intermediaries].
An example: if the right hand has become impure (mutanajjis) with urine and that hand touches the le hand while wet, this touching causes the le hand to become impure; and if aer drying, the le
30 hand touches some wet clothing, for example, the clothing also becomes impure; but, if the clothing touches some other wet object, that other object is not ruled as being impure. However, if the wetness is so lile that it does not transfer onto another object, the object that was pure does not become impure even if it touches an intrinsic impurity.
Ruling 120. If a pure object touches an impure object and one doubts whether or not both or one of them was wet, the pure object does not become impure.
Ruling 121. If there are two objects and a person does not know which one is pure and which one is impure, and aerwards a pure object that is wet touches one of them, it is not necessary to avoid it [i.e. it is not ruled as being impure], except in some cases, like when both objects were previously impure or when a pure object that is wet touches both objects.
Ruling 122. If the ground, some cloth, or a similar thing is wet, only that part of it that an impurity touches becomes impure and its other parts remain pure. e same applies to a cucumber, melon, etc.
Ruling 123. Whenever syrup, oil, or a similar thing is of a consistency such that when some quantity of it is removed, it does not leave an empty space [due to the space refilling], then even if one part of it becomes impure, the entire quantity becomes impure. However, if it is such that when a part of it is removed it leaves an empty space - even if aerwards it becomes filled - then only the part that the impurity touches is impure. erefore, if [in the laer scenario] mouse droppings fall into it, only the part that the droppings touch is impure and the rest is pure.
Ruling 124. If a fly or similar insect sits on an impure object that is wet and aerwards it sits on a pure object that is also wet, in the event that one knows that impurity was carried along with the insect, the pure object becomes impure; and if one does not know, the pure object remains pure. 31 Ruling 125. If a part of the body perspires, and that part becomes impure, and the sweat goes from that part to another part, then whichever part the sweat touches becomes impure; and if the sweat does not go to any other part, the rest of the body is pure.
Ruling 126. If thick phlegm from the nose or throat contains blood, the part that contains blood is impure and the rest of it is pure. erefore, if the phlegm touches the outer mouth or nose, the area that one is certain the impure phlegm touched is impure, and the area about which one is doubtful whether the impure phlegm touched or not is pure.
Ruling 127. If a pitcher that has a hole in the boom of it is placed on impure earth, in the event that water from the pitcher stops flowing, collects under it, and is considered to be one with the pitcher’s water, then the pitcher’s water becomes impure. However, if the pitcher’s water flows with pressure, it does not become impure.
Ruling 128. If an object enters the body and comes into contact with some impurity, in the event that aer coming out it is not tainted with the impurity, it is pure. erefore, if an apparatus for inserting enema or the water from it enters the anus, or, if a needle, knife, or similar thing is inserted into the body and aer coming out it is not tainted with any impurity, it is not impure. e same applies to saliva or mucus of the nose if it comes into contact with blood while inside the body and is not tainted with blood aer coming out.
LAWS OF IMPURITIES (NAJĀSĀT)
Ruling 129. It is unlawful to make the script of the r’an and its pages impure in the event that this amounts to disrespect, and if they become impure, one must wash them immediately. In fact, based on obligatory precaution, it is unlawful to make them impure even if it does not amount to disrespect, and washing them is obligatory.
32 Ruling 130. If the cover of the r’an becomes impure, in the event that this is disrespectful to the r’an, one must wash it.
Ruling 131. Placing the r’an on an intrinsic impurity such as blood or a corpse - even if the intrinsic impurity is dry - is unlawful in the event that it is disrespectful to the r’an.
Ruling 132. Writing the r’an with impure ink, even one leer of it, has the ruling of making it impure; and if it is wrien in this way, one must wash it or remove it by scraping it off etc.
Ruling 133. It is unlawful to give the r’an to a disbeliever if it amounts to disrespecting it, and taking the r’an from him is obligatory.
Ruling 134. If a page of the r’an or an object that is necessary to respect - such as paper on which the name of Allah, Prophet Muḥammad (Ṣ), or an Imam (ʿA) is wrien - falls into a lavatory, it is obligatory to take it out and to wash it, even if it costs money to do so. If it is not possible to take it out, the lavatory must not be used until one is certain that the page has decomposed. Furthermore, if a turbah15 falls into a lavatory and it is not possible to take it out, the lavatory must not be used until one is certain that the turbah has been completely dissolved.
Ruling 135. It is unlawful to eat or drink something that has become impure, and the same applies to feeding that thing to someone. However, it is permied to feed that thing to a child or to an insane person. Furthermore, if a child or an insane person eats impure food himself or makes food impure with his impure hand and eats it, it is not necessary to prevent him from doing so.
Ruling 136. ere is no problem in selling or lending an impure object that can be made pure. However, it is necessary to tell the other party about the object being impure on two conditions:
15 A turbah is a piece of earth or clay on which one places his forehead when prostrating. 33 1. the other party is in risk of opposing a legal responsibility; for example, he uses it in his food or drink. However, if this is not the case, it is not necessary to inform him; for example, it is not necessary to inform him about impure clothing with which he performs prayers because wearing pure clothing is not a condition of occurrence (al-sharṭ al-wāqiʿī)16 for the prayer to be valid; 2. one deems it probable that the other party will give heed to what he says. erefore, if one knows that what he says will have no effect, it is not necessary to tell him.
Ruling 137. If a person sees someone eating or drinking something impure, or performing prayers with impure clothing, it is not necessary to tell him.
Ruling 138. If a place in someone’s house, or if someone’s carpet, is impure and one sees that the wet body, dress, or other object of people who are entering his house touches the impure object, in the event that it was he who was responsible for this state of affairs, he must tell them provided that the two conditions mentioned in Ruling 136 are fulfilled.
Ruling 139. If the owner of a house finds out during a meal that the food is impure, he must tell the guests about it, provided that the second condition mentioned previously [in Ruling 136] is fulfilled. However, if one of the guests finds out, it is not necessary for him to tell the others about it. Furthermore, in the event that his dealings with the other guests are such that if they became impure he would also become impure, and this would result in him doing something that was contrary to an obligatory religious ruling, then he must tell them.
16 A condition of occurrence is one that must be fulfilled for an action to be valid irrespective of the performer’s state of knowledge with regard to that condition. For example, performing rukūʿ in prayers is a condition of occurrence for the prayer to be valid because even if a person omits it unknowingly and realises this aerwards, his prayer is void and he must repeat it. However, wearing pure clothing in prayers is not a condition of occurrence because if one performs prayers with impure clothing and realises this aerwards, his prayer is deemed to be valid. 34 Ruling 140. If a borrowed object becomes impure, the person who borrowed the object must inform the owner about this, provided that the two conditions mentioned in Ruling 136 are fulfilled.
Ruling 141. If a child says that an object is impure or that he has washed something with water, his word must not be accepted. However, if a child who is mumayyiz and understands well what purity and impurity are says that he has washed something with water, in the event that the object is at his disposal or one aains confidence in what he says, his word must be accepted. e same applies if he says an object is impure.
THINGS THAT PURIFY AN IMPURE OBJECT (MUṬAHHIRĀT)
Ruling 142. ere are twelve things that make an impure object pure; these are known as ‘muṭahhirāt’:
1. water; 2. earth; 3. the sun; 4. transformation (istiḥālah); 5. change (inqilāb); 6. transfer (intiqāl); 7. Islam; 8. subsequence (tabaʿiyyah); 9. removal of the intrinsic impurity; 10. quarantine (istibrāʾ) of an excrement-eating animal; 11. absence of a Muslim; and 12. draining of blood from a slaughtered animal.
e rules of these will be mentioned in detail in the forthcoming rulings (masāʾil).
1. Water
Ruling 143. Water makes an impure object pure provided that four conditions are met:
35 1. the water must be unmixed; therefore, mixed water such as rose water and willow essence do not make an impure object pure; 2. the water must be pure; 3. the water must not turn into mixed water when an impure object is washed in it; and in cases where only one wash is required,17 the water must not aain the smell, colour, or taste of the impurity. However, in other cases, there is no problem if the water changes; for example, if a person washes an object with kurr or qalīl water and it is necessary to wash that object twice,18 then even if the water changes in the first wash and in the second wash he purifies the object with water that does not change, the object becomes pure; 4. aer washing an impure object, small particles of the intrinsic impurity must not remain on the object. Purifying an impure object with qalīl water - i.e. water that is less than kurr - has other conditions, which will be mentioned later.
Ruling 144. e inside of an impure container must be washed three times with qalīl water. Similarly, [if it is washed] with kurr, flowing, or rainwater, based on obligatory precaution [it must be washed three times]. A container out of which a dog drinks water or some other liquid must first be scrubbed with pure soil; then, that soil must be discarded and the container washed twice with qalīl, kurr, or rainwater. Similarly, a container that a dog has licked must be scrubbed with soil before it is washed; and if a dog’s saliva falls into a container or part of its body touches the container, then based on obligatory precaution, the container must be scrubbed with soil and then washed three times with water.
Ruling 145. If the mouth of a container that a dog has licked is narrow, soil must be poured into it and the container must be shaken vigorously so that the soil reaches all parts of it; thereaer, it must be washed in the manner mentioned above.
17 See, for example, Ruling 156. 18 See, for example, Ruling 153. 36 Ruling 146. A container that a pig licks or drinks some liquid out of, or in which a field-mouse has died, must be washed seven times with qalīl, kurr, or flowing water, and it is not necessary to scrub it with soil.
Ruling 147. A container that has become impure with wine must be washed three times even with kurr water, flowing water, or suchlike; and the recommended precaution is that it should be washed seven times.
Ruling 148. If a pitcher that is made from impure clay, or a pitcher which impure water has permeated, is placed in kurr or flowing water, then wherever the water reaches becomes pure. If a person wants its inside to become pure as well, it must stay in kurr or flowing water for such a length of time that the water permeates all of it. Furthermore, if a container has some liquid that prevents water from reaching its inside, it must be dried and thereaer placed in kurr or flowing water.
Ruling 149. An impure container can be washed with qalīl water in two ways:
1. by filling it three times with water and emptying it out each time; 2. by pouring some water in it three times, and each time swirling the water around in a manner that it reaches all the impure parts and then emptying it out.
Ruling 150. If a large container like a cauldron or barrel becomes impure, in the event that it is filled and emptied three times, it becomes pure. e same applies if water is poured into it from above three times in a manner that it reaches all its sides and each time the water that collects at the boom is emptied out; and the recommended precaution is that on the second and third time, the container that is used to empty out the water should be washed with water.
37 Ruling 151. If impure copper and the like is melted and washed with water, its exterior becomes pure.
Ruling 152. With regard to a tanūr19 that has become impure with urine, if water is poured once into it from above in a manner that it reaches all its sides, it becomes pure; and the recommended precaution is that this should be done twice. However, in case it has become impure by something other than urine, then aer removing the impurity, it is sufficient to pour water once into it as described; and it is beer to make an indentation at the boom of it so that water collects there; then, the water should be emptied out and the indentation should be filled in with pure soil.
Ruling 153. If an impure object is immersed once in kurr or flowing water such that water reaches all its impure areas, it becomes pure. In the case of a rug, clothing, or a similar thing, it is not necessary to squeeze or wring it or to stamp on it. In case a person’s body or clothing becomes impure with urine, then based on obligatory precaution, it is necessary to wash it twice with kurr water or the like; however, if flowing water is used, it becomes pure by washing it once.
Ruling 154. If a person wants to wash with qalīl water an object that has become impure with urine, in the event that water is poured over it once and separates from it, and urine does not remain on the object, it becomes pure. However, with clothing and a person’s body, water must be poured over it twice in order for it to become pure. As for washing clothing, rugs, and similar things with qalīl water, in all cases, one must wring them until the remaining water comes out (and the meaning of ‘the remaining water’ is water that usually drips out by itself or by wringing at the time of washing and aer washing).
Ruling 155. If an object becomes impure with the urine of a suckling boy or a girl who has not started weaning, in the event that some water, however lile, is poured over it once so that it
19 A fire-heated oven for baking bread. 38 reaches the whole of the impure area, it becomes pure. However, the recommended precaution is that water should be poured over it a second time. In the case of clothing, rugs, and similar things, wringing is not necessary.
Ruling 156. If an object becomes impure by something other than urine, in the event that the impurity is removed and qalīl water is poured over it once and separates from it, it becomes pure. However, clothing and similar things must be wrung so that the remaining water comes out.
Ruling 157. If a ḥaṣīr20 that has been woven with thread becomes impure and is immersed in kurr or flowing water, then aer the intrinsic impurity has been removed, it becomes pure. However, if a person wants to wash it with qalīl water, it must be squeezed in whatever way possible, even by stamping on it, so that the remaining water separates from it.
Ruling 158. If the exterior of wheat, rice, and suchlike becomes impure and it is immersed in kurr or flowing water, it becomes pure; and it is also possible to purify it with qalīl water. And if their interior becomes impure, in the event that kurr or flowing water reaches the interior, it becomes pure.
Ruling 159. If the exterior of soap becomes impure, it is possible to purify it; however, if its interior becomes impure, it is not possible to purify it. If a person doubts whether impure water has reached the soap’s interior or not, its interior is pure.
Ruling 160. If the exterior of rice, meat, and suchlike becomes impure, in the event that it is placed in a pure bowl or something similar, and water is poured over it once and emptied, it becomes pure; and if it is placed in an impure container, this procedure must be carried out three times for the container to become pure. If a person wants to place a cloth or something similar that needs to be
20 A mat that is made by plaiting or weaving straw, reed, or similar materials of plant origin. 39 squeezed in a container and to wash it with water, he must squeeze the object each time water is poured over it and tilt the container so that the remaining water that has gathered pours out.
Ruling 161. If impure clothing that has been dyed with indigo or something similar is immersed in kurr or flowing water, it becomes pure if the water reaches all parts of it before the water becomes mixed with the colour of the clothing; and if it is washed with qalīl water, in the event that at the time of wringing the mixed water does not come out, it becomes pure.
Ruling 162. If clothing is washed with kurr or flowing water and aerwards some sludge, for example, is found on it, in the event that one does not deem it probable for it to have prevented the water from reaching the clothing, the clothing is pure.
Ruling 163. If aer washing clothing or something similar some mud or soap is seen on it, in the event that one does not deem it probable for it to have prevented the water from reaching the clothing, the clothing is pure. However, if impure water reaches the inside of the mud or soap, the outside of the mud or soap is pure and the inside is impure.
Ruling 164. An impure object does not become pure until the intrinsic impurity is removed from it; there is no problem, however, if the smell or colour of the impurity remains on it. erefore, if blood is removed from clothing and the clothing is washed with water and the colour of blood remains on it, it is pure.
Ruling 165. If impurity on the body is removed by immersion in kurr or flowing water, the body becomes pure except if it has become impure with urine, in which case based on obligatory precaution, it does not become pure by washing it once with kurr water. However, it is not necessary for one to come out of the water and then to go back in; rather, it will suffice if the person wipes the impure part under water with his hand such that the water separates from that part and then goes over it once again.
40 Ruling 166. With regard to impure bits of food that have remained in-between the teeth, if water is gargled and it reaches all the bits of impure food, they become pure.
Ruling 167. If the hair on one’s head and face [becomes impure and] is washed with qalīl water, in case there is not a lot of hair, it is not necessary to apply pressure in order to take out the remaining water because a regular amount of water will come out on its own accord.
Ruling 168. If an area of the body or clothing is washed with qalīl water, both the impure area and the area around it where water usually reaches during washing become pure. erefore, it is not necessary to wash those adjoining areas separately. e same applies if a pure object is placed by the side of an impure object and water is poured over both of them. For example, in order to wash one impure finger with water, if water is poured on all the fingers and impure water as well as pure water reaches all of them, then by the impure finger becoming pure, all the fingers become pure.
Ruling 169. Meat or fat that has become impure is washed with water just like any other object. e same applies if the body, clothing, or a container has a lile fat on it that does not prevent water from reaching it.
Ruling 170. If a container or a body is impure and aerwards it becomes greasy such that water is prevented from reaching it, in the event that one wishes to wash the container or the body with water, he must first remove the grease so that water can reach it.
Ruling 171. Tap water that is connected to kurr is ruled as being kurr.
Ruling 172. If a person washes an object with water and he becomes certain that it has become pure, but aerwards he doubts whether he removed the intrinsic impurity from it or not, he must wash it again with water until he is certain that the intrinsic impurity has been removed.
41 Ruling 173. If ground that absorbs water - such as ground on which there is sand or pebbles - becomes impure, it can be puri- fied with qalīl water.
Ruling 174. If ground that is paved with stone or brick, or hard ground that does not absorb water, becomes impure, it can be purified with qalīl water; however, one must pour water over it to the extent that it flows. And if the water that is poured over it does not disappear down holes in the ground but instead gathers somewhere, in order to purify that place, the gathered water must be removed with a cloth or a container.
Ruling 175. If the exterior of rock salt and suchlike becomes impure, it can be purified with qalīl water.
Ruling 176. If impure melted sugar is turned into sugar cubes and placed in kurr or flowing water, it does not become pure.
2. Earth
Ruling 177. Earth purifies the sole of one’s foot or shoe on four conditions:
1. the earth is pure; 2. the earth is dry; 3. based on obligatory precaution, the impurity has come onto the sole of one’s foot or shoe from the earth; 4. an intrinsic impurity - such as blood and urine - or an object that has become impure - such as mud that has become impure and is on the sole of one’s foot or shoe - is removed by walking or by rubbing the foot on earth. And in the event that the intrinsic impurity had previously been removed, then based on obligatory precaution, the sole of one’s foot or shoe does not become pure by walking or by rubbing the foot on earth. Furthermore, the earth must be of soil, stone, brick, or something similar; therefore, walking on a rug, ḥaṣīr, and on grass does not purify the impure sole of one’s foot or shoe. 42 Ruling 178. To consider the impure sole of one’s foot or shoe as having become pure aer walking on asphalt and ground paved with wood is problematic [i.e. based on obligatory precaution, it is not considered as having become pure].
Ruling 179. In order to purify the sole of one’s foot or shoe, it is beer to walk a distance of fieen cubits (dhirāʿs)21 or more, even if the impurity is removed by walking less than fieen cubits or by rubbing the sole of one’s foot or shoe on earth.
Ruling 180. It is not necessary for the impure sole of one’s foot or shoe to be wet; rather, even if it is dry it becomes pure by walk- ing.
Ruling 181. Aer the impure sole of one’s foot or shoe has become pure by walking, the area on the sides of the sole that usually becomes dirty with mud also becomes pure.
Ruling 182. If the palms or knees of someone who moves around on his hands and knees become impure, then to consider them as having become pure as a result of him moving around on them is problematic [i.e. based on obligatory precaution, they are not considered as having become pure]. e same applies to the boom of a walking stick, the boom of an artificial leg, the shoe of a quadruped animal, the wheel of a car or cart, and similar things.
Ruling 183. ere is no problem if aer walking, the smell, colour, or small particles of impurity that cannot be seen remain on the sole of one’s foot or shoe. However, the recommended precaution is that one should walk to the extent that this is also removed.
Ruling 184. e inside of a shoe does not become pure by walking. To consider the sole of socks as having become pure as a result of walking is problematic [i.e. based on obligatory precaution, it is
21 e length from the elbow to the tip of the middle finger of the hand is known as one dhirāʿ and it has been said that one dhirāʿ of people of average height is equivalent to approximately 46 centimetres. [Author] 43 not considered as having become pure], unless the sole is made of leather and suchlike and walking on them is considered normal.
3. The Sun
Ruling 185. e sun purifies earth, buildings, and walls on five conditions:
1. the impure object is sufficiently wet, such that if another thing would come into contact with it, the laer would become wet. erefore, if the object is dry, it must be weed by some means so that the sun can then dry it; 2. no intrinsic impurity remains on the impure object; 3. nothing prevents the sun from shining on the impure object. erefore, if the sun shines on the impure object from behind a curtain or cloud etc. and makes it dry, the object does not become pure. However, there is no problem if the cloud is so thin that it does not prevent the sun from shining on the object; 4. the sun must dry the impure object by itself. erefore, if, for example, an impure object is dried by both the wind and the sun, it does not become pure. However, there is no problem if the drying of the object can be commonly aributed to the sun shining on it; 5. the sun must dry the building that is impure in one go. erefore, if one time the sun shines on impure earth or a building and it dries the surface of it, and another time it dries the underside of it, then only the surface of it becomes pure and the underside remains impure.
Ruling 186. e sun can purify an impure ḥaṣīr mat; but if it is woven with thread, the sun does not purify the threads. To say that trees, grass, doors, and windows become pure by means of the sun is problematic [i.e. based on obligatory precaution, they do not become pure in this way].
Ruling 187. If the sun shines on impure earth and aerwards a
44 person doubts whether or not the earth was wet when the sun shone on it, or whether or not the wetness of the earth has dried by means of the sun, that earth is impure. e same applies if one doubts whether or not the intrinsic impurity has been removed. And if a person doubts whether or not something prevented the sun from shining on the impure object, then to consider it as having become pure is problematic [i.e. based on obligatory precaution, it is not considered as having become pure].
Ruling 188. If the sun shines on one side of an impure wall and as a result the other side of the wall - on which the sun did not shine - also becomes dry, it is not farfetched (baʿīd)22 to consider both sides as having become pure [i.e. both sides are deemed to be pure]. However, if one day the sun dries the exterior of a wall or some earth and another day its interior, only its exterior becomes pure.
4. Transformation (istiḥālah)
Ruling 189. If the essence of an impure object changes in such a way that it transforms into a pure object, it becomes pure; for example, if impure wood burns and transforms into ash, or a dog falls into a salt marsh and transforms into salt [the ash and the salt are pure]. However, if the essence of the object does not change - for example, if impure wheat is turned into flour or made into bread - it does not become pure.
Ruling 190. A clay pitcher or something similar that is made from impure clay is impure. As for charcoal that is made from impure wood, in the event that none of the former actual properties are in it, it is pure. And if impure clay is changed by fire into crockery or bricks, then based on obligatory precaution, it remains impure.
Ruling 191. An impure object about which it is not known whether it has undergone a transformation or not is impure.
22 For practical purposes, a legal opinion that is termed ‘not farfetched’ equates to a fatwa. 45 5. Change (inqilāb)
Ruling 192. If wine turns into vinegar by itself or by pouring something like vinegar or salt into it, it becomes pure.
Ruling 193. Wine that is made from impure grapes and suchlike, or wine that has come into contact with some other impurity, does not become pure by turning into vinegar.
Ruling 194. Vinegar that is made from impure grapes, raisins, or dates is impure.
Ruling 195. ere is no problem if the stalks of grapes or dates remain on them and vinegar is poured over them. Similarly, there is no problem in adding cucumber, eggplant, or suchlike even before it turns into vinegar, unless it becomes an intoxicant before turning into vinegar.
Ruling 196. Grape juice becomes unlawful to drink if it ferments either by heating or by itself. If it ferments so much that two-thirds of it reduces and only one-third of it remains, it becomes lawful to drink. Furthermore, if it is established that the grape juice is intoxicating, then as some [jurists (fuqahāʾ)] have said with regard to when it ferments by itself, it can only become lawful to drink if it turns into vinegar. As it was mentioned in Ruling 110, grape juice does not become impure by fermenting.
Ruling 197. If two-thirds of grape juice reduces without fermenting, in the event that the remainder ferments and is commonly called ‘grape juice’ and not ‘extract’, then based on obligatory precaution, it is unlawful to drink.
Ruling 198. Grape juice about which it is not known whether it has fermented or not is lawful to drink. However, if it ferments, it does not become lawful to drink until one is certain that two-thirds of it has reduced.
46 Ruling 199. If, for example, there are some ripe grapes in a bunch of unripe grapes and the juice that is extracted from the bunch is not regarded as being grape juice and it ferments, then drinking it is lawful.
Ruling 200. If a grape falls into something that is boiling by means of heat and it ferments and does not dissolve, then based on obligatory precaution, eating that grape is unlawful.
Ruling 201. If a person wants to cook grape extract in several pots, it is permied to use the spatula that was previously used in a pot that has boiled, in a pot that has not boiled.
Ruling 202. If it is not known whether something is an unripe grape or a ripe grape and it ferments, then eating it is lawful.
6. Transfer (intiqāl)
Ruling 203. If the blood of a human being, or of an animal whose blood gushes out when its jugular vein is cut, is sucked by an animal that is commonly known to have no blood, such that it may be absorbed in that animal’s body - like when a mosquito sucks blood from a human being or from an animal - then that blood is pure. is is called ‘transfer’. As for the blood that a leech sucks from a human being for the purposes of treatment, as it is not known whether or not that blood becomes part of its body, it is impure.
Ruling 204. If a person kills a mosquito that had sat on his body, and the blood sucked by the mosquito comes out of it, that blood is pure - even if the time that elapsed between the sucking of the blood and killing the mosquito was very lile - because the blood was in the process of becoming food for the mosquito. However, the recommended precaution is that in this situation, one should avoid the blood [i.e. it is beer not to rule it as being pure].
47 7. Islam
Ruling 205. If a disbeliever declares in any language the shahādatayn (two testimonies) - i.e. he testifies to the oneness of Allah and to the prophethood of the Seal of the Prophets [Prophet Muḥammad (Ṣ)] - he becomes a Muslim; and in the event that he was previously ruled as being impure, then aer becoming a Muslim his body, saliva, nasal mucus, and sweat are pure. However, if at the time of becoming a Muslim an intrinsic impurity was on his body, it must be removed and that part of his body must be washed; and if the intrinsic impurity was removed before he became a Muslim, then based on obligatory precaution, that part of his body must be washed.
Ruling 206. If when someone was a disbeliever any clothes of his that were wet made contact with his body - irrespective of wheth- er those clothes were on his body at the time he became a Mus- lim or not - then based on obligatory precaution, one must avoid them [i.e. they are ruled as being impure].
Ruling 207. If a disbeliever says the shahādatayn but one does not know whether he has sincerely become a Muslim or not, he is pure. e same applies if one knows that he has not sincerely become a Muslim but he does not do anything that contradicts his saying of the shahādatayn.
8. Subsequence (tabaʿiyyah)
Ruling 208. Subsequence means that an impure object becomes pure by means of the purity of another object.
Ruling 209. If wine turns into vinegar, its container also becomes pure up to the level where the wine reached at the time of fermentation; and any piece of cloth or object that is usually placed on top of it also becomes pure if it had become impure by the wine. However, if the outside of the container had become impure by the wine, the obligatory precaution is that aer the wine has turned
48 into vinegar, the outside of the container must be avoided [i.e. it is ruled as being impure].
Ruling 210. e child of a disbeliever becomes pure by subsequence in two cases:
1. if a disbeliever becomes a Muslim, his child follows him in becoming pure. e same applies if the child’s paternal grandfather, mother, or paternal grandmother becomes a Muslim. However, ruling the child as being pure in this case is conditional upon the child being with the person who has newly become a Muslim, and upon the child being under his guardianship; furthermore, a disbeliever who is a closer relative than the person who has newly become a Muslim must not be with the child; 2. if a disbeliever is captured by a Muslim, the disbeliever’s child becomes pure if his father or one of his grandparents is not with the child.
In both cases, in the event that the child is mumayyiz , his becoming pure by subsequence is conditional upon the child not expressing disbelief (kufr).
Ruling 211. e plank or stone on which a corpse is given ghusl, and the cloth with which the private parts of a corpse are covered, and the hands of the person who gives ghusl - all of these things that are washed with the corpse become pure once the ghusl is complete.
Ruling 212. With regard to someone who washes an object to make it pure, aer that object has become pure, his hands - which were washed along with the object - also become pure.
Ruling 213. If clothing or something similar is washed with qalīl water and is wrung to a normal extent so that the water with which it was washed separates from it, the water that remains in it is pure.
49 Ruling 214. With regard to an impure container that is washed with qalīl water, aer the water with which it was washed separates from it, the small amount of water that remains in it is pure.
9. Removal of intrinsic impurity (ʿayn al-najāsah)
Ruling 215. If the body of an animal becomes impure with an intrinsic impurity like blood, or with something that has become impure, such as impure water, in the event that the impurity is removed, the body of the animal becomes pure. Similarly, the inner parts of a human body - like the inside of the mouth, nose, and ears - become impure by coming into contact with an external impurity, but by removing the impurity they become pure. As for internal impurity - such as blood that comes out from in-between the teeth - this does not cause the inner parts of the body to become impure. Similarly, if an external object inside the body comes into contact with internal impurity, it does not make the object impure. erefore, if dentures come into contact with blood that comes out from in-between the teeth, it is not necessary to wash the dentures; but if the dentures come into contact with impure food, it is necessary to wash them.
Ruling 216. If some food has remained in-between the teeth and blood comes in the mouth, the food does not become impure by coming into contact with the blood.
Ruling 217. ose parts of the lips and eyelids that overlap when shut are ruled as being inner parts of the body. erefore, in the event that they come into contact with some external impurity, it is not necessary to wash them with water.23 However, with regard to those parts that one does not know whether they are outer or inner parts of the body, if they come into contact with external impurity, it is necessary to wash them.
23 In light of Ruling 215, they become pure by removing the impurity from them and so if this is done, there is no need to wash them with water. 50 Ruling 218. If impure dust seles on dry clothing, a carpet, or similar thing, in the event that the object is shaken in a way that the amount of dust that is certain to have been impure falls off, the clothing, carpet, or similar thing is pure and it is not necessary to wash it.
10. Quarantine (istibrāʾ)24 of an excrement-eating animal
Ruling 219. e urine and faeces of an animal that habitually eats human excrement is impure. In order for the urine and faeces of such an animal to be considered pure, one must quarantine the animal, meaning that he must prevent it from eating impurity for some time and feed it pure food so that aer that period of time, it is no longer considered to be an excrement-eating animal. e recommended precaution is to prevent an excrement-eating camel from eating excrement for forty days, a cow twenty days, a sheep ten days, a duck seven or five days, and a domestic hen three days, even if before these time periods are over the animal in question ceases to be considered an excrement-eating animal.
11. Absence of a Muslim
Ruling 220. If the body, clothing, or something else like a container or carpet that is in the possession of a Muslim who is bāligh or mumayyiz becomes impure and that Muslim disappears, in the event that one deems it rationally probable that he has washed it, it is pure.
Ruling 221. If a person is certain or confident that an object that was impure has become pure, or two just (ʿadil) people testify to it having become pure and their testimony mentions the reason for it having become pure, then the object is pure; for example, they testify that an item of clothing that had become impure with 24 e meaning of istibrāʾ here is different to that mentioned in two other places in this work: firstly, in Ruling 69, where it refers to the process of clearing the male urethra of urine aer urinating; and secondly, in Ruling 495, where it refers to the method of checking whether or not menstruation has stopped. 51 urine has been washed twice. e same applies if a person who is in possession of an impure object says that it has become pure, and he is not someone who is careless about religious maers such as purity and impurity; or, if a Muslim washes an impure object with the intention of making it pure, even if it is not known whether he has washed it properly or not.
Ruling 222. If a person who has been appointed to wash someone’s clothes says that he has washed them and one is confident of the truthfulness of what he says, then those clothes are pure.
Ruling 223. If an obsessively doubtful person (muwaswis) who does not aain certainty in the washing of an impure object washes it in the same way that normal people wash it, his actions are sufficient to deem the object pure.
12. Flowing out of blood [of a slaughtered animal] in a normal quantity
Ruling 224. Blood that remains inside the body of an animal that has been slaughtered according to Islamic law is pure if a normal amount of blood has already come out, as stated in Ruling 94.
Ruling 225. Based on obligatory precaution, the previous ruling is applicable only to animals whose meat is lawful to eat; it does not apply to animals whose meat is unlawful to eat.
LAWS OF UTENSILS
Ruling 226. If a utensil has been made from the hide of a dog, pig, or carcass [of an animal that has not been slaughtered in accordance with Islamic law], it is unlawful to drink or eat out of it if the food or drink has become impure [as a result of impurity transferring from the utensil to the food or drink]. Furthermore, that utensil must not be used for wuḍūʾ, ghusl, or any other purpose for which only pure objects must be used. And the recommended precaution is that the hide of a dog, pig, or carcass [as defined above] - even if it is not in the form of a utensil - should not be used for anything.
52 Ruling 227. Eating and drinking from gold or silver utensils is unlawful. In fact, based on obligatory precaution, using these utensils in general is unlawful. However, there is no problem in using them for decorating a room and suchlike, or keeping them, although the recommended precautionary measure is not to [decorate with them and/or keep them]. e same applies to making gold and silver utensils, or buying and selling them for decoration or for keeping.
Ruling 228. If the handle of a tea cup that is made of gold or silver can be called a ‘utensil’, it has the ruling of a gold or silver tea cup; however, if it cannot be called a ‘utensil’, there is no problem in using it.
Ruling 229. ere is no problem in using a gold-plated or silver-plated utensil.
Ruling 230. If metal is mixed with gold or silver and made into a utensil, in the event that that the amount of metal is such that it cannot be called a ‘gold utensil’ or a ‘silver utensil’, there is no problem in using it.
Ruling 231. If a person places food from a utensil made of gold or silver into another utensil, in the event that the second utensil cannot be commonly considered as simply an intermediary utensil for eating from the first utensil, there is no problem [in eating from the second utensil].
Ruling 232. ere is no problem in using the mouthpiece of a shisha pipe, the scabbard of a sword, a knife, or the frame of the r’an if they are made of silver or gold. However, the recommended precaution is to not use containers of perfume, kohl, and opium that are made of gold or silver.
Ruling 233. ere is no problem if a person eats or drinks from a gold or silver utensil if he is compelled to, provided that he only
53 eats or drinks from it to the extent that his need is alleviated; more than this is not permied.
Ruling 234. ere is no problem in using a utensil about which one does not know whether it is made of gold, silver, or something else.
ABLUTION (WUḌŪʾ)
Ruling 235. In wuḍūʾ, it is obligatory to wash (ghasl) the face and the arms, and to wipe (masḥ) the front part of the head and the upper part of the feet.
Ruling 236. e length of the face that must be washed is the area from the top of the forehead where the hair grows to the boom of the chin; and the breadth of the face that must be washed is the area that is covered by the tip of the middle finger to the tip of the thumb. If even a small amount of this area is not washed, the wuḍūʾ is invalid; and if one is not certain of having washed this area completely, he must also wash a lile extra around this area in order to be certain.
Ruling 237. If someone’s face or hand is smaller or larger than normal, he must observe the amount that people with a normal sized face and hand wash, and he must wash the same amount. And if hair grows on one’s forehead, or, if one does not have hair on the front part of his head, he must wash the same amount of his forehead that people with normal foreheads wash.
Ruling 238. If a person deems it probable that there is dirt or something else in his eyebrows or in the corners of his eyes or lips which would prevent water from reaching those areas, in the event that his deeming this probable would be considered by people to be reasonable, he must examine this before performing wuḍūʾ and if there really is such an obstacle, he must remove it.
Ruling 239. If the skin of one’s face is visible from in-between his
54 facial hair, he must ensure that the water reaches the skin. If it is not visible, then washing his facial hair is sufficient and it is not necessary for him to ensure that water reaches under his facial hair.
Ruling 240. If a person doubts whether or not the skin of his face is visible from in-between his facial hair, then based on obligatory precaution, he must wash his facial hair and also ensure that water reaches the skin.
Ruling 241. It is not obligatory to wash inside the nose or those parts of the lips and eyes that cannot be seen when they are closed. However, if a person is not certain that everything that must be washed has been washed, it is obligatory that he washes a lile of those parts as well in order to be certain. Furthermore, with regard to someone who did not know this rule, if having performed wuḍūʾ he does not know whether he washed the required area or not, the prayers he performed with that wuḍūʾ are valid and it is not necessary for him to perform wuḍūʾ again for the next prayer.
Ruling 242. e direction in which one must wash the arms is from top to boom [i.e. in a direction towards the fingertips]. e same applies, based on obligatory precaution, to washing the face [i.e. it must be washed in a direction towards the chin]. If a person washes from boom to top, the wuḍūʾ is invalid.
Ruling 243. If a person wets his hand with water and wipes it on his face and arms, in the event that the wetness of his hand is to the extent that by wiping his face and arms the water covers them, it is sufficient, and it is not necessary for the water to flow over them.
Ruling 244. Aer washing the face, one must wash his right arm from the elbow to the tips of the fingers, and he must then pro- ceed to wash his le arm in the same way.
Ruling 245. If a person is not certain that the elbow has been washed completely, he must also wash a lile above it in order to be certain. 55 Ruling 246. If someone washes his hands up to his wrists before washing his face, then when he performs wuḍūʾ, he must still wash his arms up to the tips of his fingers; and if he washes his arms only up to his wrists, his wuḍūʾ is invalid.
Ruling 247. In wuḍūʾ washing the face and arms once is obligatory, twice recommended, and three times or more unlawful. e first washing is complete when one pours - with the intention (qaṣd) of performing wuḍūʾ - an amount of water onto the face or arms that covers them completely, such that there is no need to take any further measures to ensure that the water has reached the required area. erefore, if, for example, one pours water ten times onto his face until the water covers his face completely, and he does this with the intention of the first wash, there is no problem [i.e. the first wash will be deemed to have taken place correctly]; and until he does not make the intention of performing wuḍūʾ and of washing his face, for example, the first wash is not deemed to have taken place. erefore, he can pour water onto his entire face a number of times and on the last time that he pours water, he can make the intention of a wuḍūʾ washing. However, the validity of such an intention for the second washing is problematic, and the obligatory precaution is that one must not pour water onto his face and arms more than one time aer the first washing, even if it is not with the intention of performing wuḍūʾ.
Ruling 248. Aer washing both arms, one must wipe the front part of his head with the wetness of the water that has remained on his hands; and the recommended precaution is that one should wipe with the palm of his right hand and that he should wipe from top to boom [i.e. in a direction towards his forehead].
Ruling 249. e area that must be wiped is the front quarter of the head, i.e. the quarter immediately above the forehead; and it is sufficient to wipe any part of this area and to any extent, although the recommended precaution is that the length of the wiping should be at least the length of one finger, and the width of the wiping should be at least the width of three fingers joined together. 56 Ruling 250. It is not necessary that the wiping of the head be on its skin; rather, it is also correct (ṣaḥīḥ) to wipe the hair on the front of one’s head. However, if the length of someone’s hair at the front of his head is so long that if, for example, he were to comb it, it would fall onto his face, or it would reach other parts of his head, then he must wipe the roots of the hair. And if he gathers the hair which falls on his face, or which reaches the other parts of his head, at the front of his head and then wipes it, or, if he wipes the hair that has come to the front part of his head from other parts of his head, then such a wiping is invalid.
Ruling 251. Aer wiping the head, one must wipe the upper part of the feet with the wetness of the wuḍūʾ water that has remained on his hands. e area that must be wiped is from the tip of one of the toes to the ankle; and based on obligatory precaution, wiping the feet up to the raised part in the middle of the foot [before the ankle] will not suffice. And the recommended precaution is that one should wipe the right foot with the right hand and the le foot with the le hand.
Ruling 252. e wiping of the feet can be of any width; however, it is beer that the width be the width of three fingers joined together; and it is even beer for the whole of the upper foot to be wiped with the whole of the hand.
Ruling 253. With regard to the wiping of the feet, it is not necessary for one to place his hand on the tips of the toes and to then draw his hand to the back of the foot; rather, one can place his whole hand on his foot and draw it back a lile.
Ruling 254. With regard to the wiping of the head and feet, one must draw his hand over them; therefore, if one keeps his hand still and draws his head or foot along it, the wiping is invalid. However, there is no problem if the head or foot moves slightly when one is drawing his hand over them.
Ruling 255. e area to be wiped must be dry; and if it is wet to the
57 extent that the wetness of the hand has no effect on it, the wiping is invalid. However, there is no problem if the area to be wiped is merely damp, or its wetness is so lile that it becomes absorbed in the wetness of the hand.
Ruling 256. If for the purposes of wiping no moisture is le on the hand, one cannot wet his hands with additional water; rather, one must take moisture from his beard and perform the wiping with that; and taking moisture from anything other than one’s beard and wiping with it is problematic [i.e. based on obligatory precaution, such a wiping does not suffice].
Ruling 257. If the moisture on one’s hand is only sufficient for wiping his head, the obligatory precaution is that he must wipe his head with that moisture, and for the wiping of his feet he must take moisture from his beard.
Ruling 258. Wiping performed on socks or shoes is invalid. However, if one is unable to remove his socks or shoes on account of severe cold, or fear of thieves or wild animals etc., then the obligatory precaution is that aer he has wiped on his shoes or socks, he must also perform tayammum; and if it is a maer of taqiyyah,25 it is sufficient if he only wipes over his socks or shoes.
Ruling 259. If the upper part of one’s foot is impure and it cannot be washed [and made pure] so that it can wiped, then tayammum must be performed.
IMMERSIVE ABLUTION (AL-WUḌŪʾ AL-IRTIMĀSĪ)
Ruling 260. Immersive wuḍūʾ means that one immerses his face and arms in water with the intention of performing wuḍūʾ, and what is apparent (ẓāhir)26 is that there is no problem in wiping the head and feet with the wetness of the hands that were washed by 25 Taqiyyah refers to the discretionary concealment of one’s beliefs under duress. 26 For practical purposes in jurisprudential rulings, expressing an apparent ruling equates to giving a fatwa. 58 immersion, although this goes against [recommended] precaution.27
Ruling 261. In immersive wuḍūʾ one must also wash his face and arms from top to boom. erefore, if at the time of immersing his face and arms in the water one makes the intention of wuḍūʾ, he must immerse his face forehead-first, and his arms elbow-first.
Ruling 262. ere is no problem if one performs immersive wuḍūʾ for some parts [i.e. face/arms] and non-immersive for other parts.
RECOMMENDED SUPPLICATION (DUʿĀʾ) WHILE PERFORMING WUḌŪʾ28
Ruling 263. It is recommended for one who is performing wuḍūʾ to say the following when his eyes fall on the water:
َ َ َْ ْ ُ َّ َ َ َ ْ َ َ َ ُ ً َّ َ ْ َ ْ َ ْ ُ َ ً ِۢ ِاﷲ و ﺑِ ِﺎﷲ، و اﺤﻟﻤﺪ ِ ِﷲ ِا ي ﺟﻌﻞ اﻟـﻤﺎء ﻃﻬﻮرا وﻟﻢ ﺠﻳﻌﻠﻪ ِﺠﻧﺴﺎ bismil lāhi wa billāh, wal ḥamdu lillāhil ladhī jaʿalal māʾa ṭahūraw wa lam yajʿalhu najisā In the name of Allah and by Allah. All praise is for Allah who made water pure and did not make it impure.
When washing his hands before performing wuḍūʾ, he should say: َ َ ْ َ ْ َ َّ َّ َ َ ْ َ ْ َ ْ ُ َ َ ّ َ ِۢ ِاﷲ وﺑِ ِﺎﷲ، أﻢﻬﻠﻟ اﺟﻌﻠ ِﻲﻨ ِﻣﻦ اﺤﻛﻮاﻧِﻦﻴ واﺟﻌﻠ ِﻲﻨ ِﻣﻦ اﻟﻤﺘﻄ ِﻬ ِﺮﻳﻦ
27 In another of his works on Islamic law, al-Sayyid al-Sistani hypothetically discusses different ways by which a person could wash his arms by combining the method of performing wuḍūʾ by immersion with the method of performing it in the normal (non-immersive) manner, and thereby be able to perform the wiping of his head and feet with the wetness that is on his hand from having washed the arm in the normal manner. One of these ways is as follows: as washing a second time is recommended, a person could - aer washing his le arm by immersion - wash it again in the normal way with his right hand and then wipe his head and feet. (Taʿlīqāt ʿalā al-ʿUrwah al-Wuthqā, vol. 1, p. 160, Ruling 511). 28 is supplication is based on a tradition in which Imam ʿAlī (‘A) supplicates to Allah while performing wuḍūʾ in the presence of his son Muḥammad ibn al-Ḥanafiyyah. See, for example, Shaykh al-Ṭūsī’s Tahdhīb al-Aḥkām, vol. 1, p.53. 59 bismil lāhi wa billāh, allāhummaj ʿalni minat tawwābīna waj ʿalnī minal mutaṭahhirīn In the name of Allah and by Allah. O Allah! Make me of those who oen repent and make me of those who purify themselves.
When rinsing the mouth, he should say: َ َ ّ ّ ُ َّ َ ْ َ َ ْ َ َ َ َ ْ ْ َ ْ َ أﻢﻬﻠﻟ ﻟ ِﻘ ِﻲﻨ ﺣﺠ ِﻲﺘ ﻳﻮم أﻟﻘﺎك، وأﻃ ِﻠﻖ ﻟِﺴ ِﺎ ﺑِ ِﺬﻛ ِﺮك allāhumma laqqinnī ḥujjatī yawma alqāk, wa aṭliq lisānī bidhikrik O Allah! Inculcate in me my proof on the day I meet You, and make my tongue fluent with Your remembrance.
When rinsing the nose, he should say: َ َ ُ َ ّ ْ َ َ َ َْ َّ َ ْ َ ْ َّ َّ َ ُّ َ َ َ َ ْ َ َ َ َ َ أﻢﻬﻠﻟ ﻻ ﺤﺗ ِﺮم ﻋ َّﻲﻠ ِرﻳﺢ اﺠﻟﻨ ِﺔ، و اﺟﻌﻠ ِﻲﻨ ِﻣﻤﻦ ﻳﺸﻢ ِرﺤﻳﻬﺎ وروﺣﻬﺎ و ِﻃﻴﺒﻬﺎ allāhumma lā tuḥarrim ʿalayya rīḥal jannah, waj ʿalnī mimmay yashammu rīḥahā wa rawḥahā wa ṭībahā O Allah! Do not deprive me of the fragrance of Paradise, and make me of those who smell its fragrance, its breeze, and its perfume.
When washing the face, he should say: َ َ ّ ْ َ ْ َ ْ َ َ ْ َ ُّ ْ ُ ُ ُ َ َ ُ َ ّ ْ َ ْ َ ْ َ َ ْ َ ُّ ْ ُ ُ ُ أﻢﻬﻠﻟ ﺑ ِﻴﺾ وﺟ ِﻲﻬ ﻳﻮم ﺗﺴﻮد ِﻓ ِﻴﻪ اﻟﻮﺟﻮه، وﻻ ﺗﺴ ِﻮد وﺟ ِﻲﻬ ﻳﻮم ﺗﺒﻴﺾ ِﻓ ِﻴﻪ اﻟﻮﺟﻮه allāhumma bayyiḍ wajhī yawma taswaddu īhil wujūh, wa lā tusawwid wajhī yawma tabyaḍḍul wujūh O Allah! Brighten my face on the day when [some] faces shall darken, and do not darken my face on the day when [some] faces shall brighten.
When washing the right arm, he should say: َ َ ْ َ َ َ ْ ُ ْ َ ْ َ َ َ َ َ ْ َ ً َ ً أﻢﻬﻠﻟ أﻋ ِﻄ ِﻲﻨ ِﻛﺘ ِﺎ ﻧِﻴ ِﻤ ِﻴﻲﻨ، واﺨﻟﺘ ﻓِﻲ ِاﺠﻟﻨ ِﺎن ﺑِﻴﺴ ِﺎري وﺣ ِﺎﺳﺒ ِﻨـﻲ ِﺣﺴﺎﺑﺎ ﻳ ِﺴﺮﻴا allāhumma aʿṭinī kitābī biyamīnī, wal khulda fil jināni biyasārī, wa ḥāsibnī ḥisābay yasīrā O Allah! Give me my book [of deeds] in my right hand, and a permanent stay in Paradise with ease, and account me [for my deeds] with an easy accounting.
60 When washing the le arm, he should say: َ َ َ َ َ ْ َ َ ُ ْ َ َ َ ْ َّ َ َ َ ْ َ ْ َ َ َ ْ ُ َ ً ٰ ُ ُ َ ُ ُ َ أﻢﻬﻠﻟ ﻻ ﻳﻌ ِﻄ ِﻲﻨ ِﻛﺘ ِﺎ ﺑِ ِﺸﻤ ِﺎﻲﻟ، وﻻ ِﻣﻦ وراء ﻇﻬ ِﺮي، و ﻻ ﺠﺗﻌﻠﻬﺎ ﻣﻐﻠﻮﻟﺔ إِﻰﻟ ﻗﻨ ِﻲﻘ، وأﻋﻮذ ﺑِﻚ ُّ َ َّ َ ّ َ ِﻣﻦ ﻣﻘﻄﻌ ِﺎت ِاﺠﺮﻴ ِان allāhumma lā tuʿṭinī kitābī bishimālī, wa lā miw warāʾi ẓahrī, wa lā tajʿalhā maghlūlatan ilā ʿunuqī, wa aʿūdhu bika mim muqaṭṭaʿātin nīran O Allah! Do not give me my book [of deeds] in my le hand, nor from behind my back, and do not chain it to my neck. I seek refuge with You from the garments made from Hell-fire.
When wiping the head, he should say: َ َ ّ َ ْ َ َ َ َ َ َ َ َ َ ْ َ أﻢﻬﻠﻟ ﻏ ِﺸ ِﻲﻨ ﺑِﺮﻤﺣ ِﺘﻚ وﺑﺮﺎﻛﺗِﻚ و ﻗﻔ ِﻮك allāhumma ghashshinī biraḥmatika wa barakātika wa ʿafwik O Allah! Envelop me in Your mercy, Your blessings, and Your pardon.
When wiping the feet, he should say: َ ُّ ْ َ ْ ْ َ َ ّ ْ َ ٰ ّ َ َ ْ َ َ ْ َ َ ْ َ َ ْ َ ُ ْ َ َ ّ َ َ َ أﻢﻬﻠﻟ ﺛ ِﺒﺘ ِﻲﻨ ﺒﻟ ِاﻟﺮﺼ ِاط ﻳﻮم ﺗ ِﺰل ِﻓ ِﻴﻪ اﻷﻗﺪ ِام، و اﺟﻌﻞ ﺳﻌ ِﻲﻴ ِﻓﻴﻤﺎ ﻳﺮ ِﺿﻴﻚ ﻋ ِﻲﻨ، ﻳﺎ ذا اﺠﻟﻼ ِل َ ْ ْ َ و ِاﻹﻛﺮ ِام allāhumma thabbitnī ʿalaṣ ṣirāti yawma tazillu īhil aqdām, waj ʿal saʿyī īmā yurḍhīka ʿannī, yā dhal jalāli wal ikrām O Allah! Keep me firmly on the path on the day when feet shall stumble, and let my efforts be in those things that make You pleased with me, O Possessor of Majesty and Bounty!
CONDITIONS FOR THE VALIDITY OF WUḌŪʾ
ere are a number of conditions for wuḍūʾ to be valid.
The first condition: the water used for wuḍūʾ must be pure, and according to one opinion [of the jurists], it must not be tainted with anything that human beings find disgusting - such as the urine of an animal whose meat is lawful to eat, a carcass that is pure, or pus from an injury - even if it is pure in Islamic law. is opinion is consistent with exercising obligatory precaution.
61 The second condition: the water must not be mixed.
Ruling 264. Wuḍūʾ performed with impure or mixed water is invalid, even if one did not know at the time that it was impure or mixed, or he had forgoen about it; and if one has performed prayers with that wuḍūʾ, he must perform them again with a valid wuḍūʾ.
Ruling 265. If apart from mixed muddy water one does not have any other water with which to perform wuḍūʾ, in the event that the time remaining for prayers is short, he must perform tayammum, and if one has sufficient time, he must wait for the water to become clear, or he must make it clear by some means and perform wuḍūʾ with it. Muddy water is considered to be mixed water only when it can no longer be called ‘water’.
The third condition: it must be permissible (mubāḥ) to use the water.
Ruling 266. Performing wuḍūʾ with usurped (ghaṣbī) water, or with water about which it is not known whether or not its owner consents to its use, is unlawful and invalid. Furthermore, if wuḍūʾ water drips from one’s face or arms onto a usurped place, or, if the place in which one performs wuḍūʾ is usurped, in the event that he cannot perform wuḍūʾ in any other place, his responsibility (taklīf) is to perform tayammum, and if he can perform wuḍūʾ in another place, it is necessary for him to perform wuḍūʾ in that other place. However, in the event that he performs wuḍūʾ in the usurped place, thus commiing a sin, his wuḍūʾ is still valid.29
Ruling 267. ere is no problem in performing wuḍūʾ with water
29 Two scenarios are envisaged here: in the first, the person’s duty is to perform tayammum as he cannot perform wuḍūʾ except in a place that is usurped. In the second scenario, his duty is to perform wuḍūʾ in a place that is not usurped, this being a viable option for him. However, if in both of these scenarios he does not act according to his duty and goes ahead and performs wuḍūʾ in the usurped place anyway, he will have sinned. Nevertheless, the wuḍūʾ that he performed there is valid. 62 from the pool of a school when one does not know whether the pool is a charitable endowment (waqf) to the general public or only to the students of the school, as long as people usually perform wuḍūʾ with water from that pool and no one prohibits them from doing so.
Ruling 268. If someone does not want to perform prayers in a mosque and does not know whether the mosque’s pool is a charitable endowment to the general public or only to those who perform prayers in the mosque, he cannot perform wuḍūʾ with water from the pool of the mosque. However, if people who also do not usually pray in that mosque perform wuḍūʾ with water from that pool and no one prohibits them from doing so, one can perform wuḍūʾ with it.
Ruling 269. Performing wuḍūʾ with water from pools in shopping arcades, hotels, and similar places by people who do not reside there is valid only in the event that usually people who do not reside there also perform wuḍūʾ with water from those pools and no one prohibits them from doing so.
Ruling 270. ere is no problem in performing wuḍūʾ with water from streams that rational people would consider permissible to use without the permission of the owner - irrespective of whether the owner is an adult or a child - even if one does not know that the owner consents to it. In fact, it is permied to use a stream’s water even if the owner forbids performing wuḍūʾ with it, or if one knows that the owner does not consent, or if the owner is a minor (ṣaghīr) or insane.
Ruling 271. If a person forgets that some water is usurped and performs wuḍūʾ with it, his wuḍūʾ is valid. However, if someone usurps some water himself and then having forgoen that it is usurped performs wuḍūʾ with it, then to consider his wuḍūʾ as being valid is problematic [i.e. based on obligatory precaution, it is not considered to be valid].
63 Ruling 272. If a person owns the wuḍūʾ water but the water is in a usurped container and no other water is available, in case he can empty the water in a lawful manner into another container, it is necessary for him to do so and then perform wuḍūʾ; and in the event that this is not possible, he must perform tayammum, and if he has some other water, it is necessary for him to perform wuḍūʾ with that other water. In both cases, if he acts contrary to the above and performs wuḍūʾ with water from a usurped container, his wuḍūʾ is valid.
Ruling 273. If a brick or a stone of a pool, for example, is usurped, in the event that drawing water from the pool is not commonly regarded as using the brick or stone, there is no problem. However, in the event that it is regarded as using the brick or stone, then drawing water from the pool is unlawful but the wuḍūʾ is valid.
Ruling 274. If a pool or a stream is built in the courtyard of the shrine (ḥaram) of one of the Imams (ʿA) or one of the children of the Imams (ʿA), and that courtyard had previously been a graveyard, in the event that one does not know that the ground of the courtyard is a charitable endowment for the graveyard, there is no problem in performing wuḍūʾ from the water of that pool or stream.
The fourth condition: the parts of the body on which wuḍūʾ is performed must be pure at the time of washing and wiping, even if one purifies them during wuḍūʾ before he washes or wipes;30 and if the washing during wuḍūʾ is performed with kurr water or suchlike, then purifying an impure part before washing is not necessary [as it will become pure during the wuḍūʾ].
Ruling 275. If a place that has been washed or wiped becomes impure before the wuḍūʾ has been completely performed, the wuḍūʾ is valid.
30 For example, if one’s arm is impure, and at the time of performing wuḍūʾ he pours water onto it and purifies it, and if this is done before he wipes his arm down with his hand, then the fourth condition will have been fulfilled. 64 Ruling 276. If a part of the body on which wuḍūʾ is not performed is impure, the wuḍūʾ is valid. However, if one has not purified the urinary outlet or the anus, the recommended precaution is that one should first purify it and then perform wuḍūʾ.
Ruling 277. If one of the parts of the body on which wuḍūʾ is performed is impure and aer performing wuḍūʾ one doubts whether or not he washed it with water before performing wuḍūʾ, the wuḍūʾ is valid. However, he must still wash the part that was impure with water.
Ruling 278. If there is a cut or a wound on one’s face or arms, and blood from it does not stop, and water is not harmful to it, he must - having first washed that area in the correct order of wuḍūʾ - immerse the cut or wound in kurr or flowing water, and then put pressure on it so that the blood stops; then, under the water, he must draw his finger along the cut or wound from top to boom so that water flows over it, and then wash the lower parts; if he does this, his wuḍūʾ is valid.
The fifth condition: there must be sufficient time for performing wuḍūʾ and prayers.
Ruling 279. If there is so lile time [before the end of the prescribed time for prayers] that by performing wuḍūʾ the entire prayer or part of it would have to be performed aer its time, one must perform tayammum. However, if the time required for performing tayammum and wuḍūʾ is the same, one must perform wuḍūʾ.
Ruling 280. If due to the shortage of time for prayers one’s duty is to perform tayammum but instead he performs wuḍūʾ with the intention of aaining proximity to Allah (qaṣd al-qurbah), or [he performs wuḍūʾ] for a recommended act, like reciting the r’an, then the wuḍūʾ he performed is valid [despite the fact that his duty was to perform tayammum]. Similarly, the wuḍūʾ would still be valid if he performed it with the intention of performing
65 that prayer, unless he did so without the intention of aaining proximity to Allah.
The sixth condition: one must perform wuḍūʾ with the intention of aaining proximity to Allah, and it is sufficient to perform it with the intention of following the command of Allah. And if one performs wuḍūʾ in order to cool down or with some other intention, it is invalid.
Ruling 281. It is not necessary for one to actually uer the intention (niyyah) of performing wuḍūʾ, or to feel it in his heart; rather, it is sufficient if he performs all the acts of wuḍūʾ in compliance with the command of Allah.
The seventh condition:wu ḍūʾ must be performed in the sequence (tartīb) mentioned earlier, i.e. first the face must be washed, then the right arm, and then the le arm; following that, the head must be wiped and then the feet. And the recommended precaution is that one should not wipe both feet together; rather, one should wipe the le foot aer the right foot.
The eighth condition: the acts of wuḍūʾ must be performed in close succession (muwālāh).
Ruling 282. If there is a gap in-between the acts of wuḍūʾ to the extent that the acts of wuḍūʾ cannot be commonly regarded as being performed in close succession, the wuḍūʾ is invalid. However, this does not apply if a legitimate excuse (ʿudhr) arises; for example, one forgets that he is performing wuḍūʾ, or the water runs out. In fact, if when one wants to wash or wipe a place, the moisture on all the places that he has already washed or wiped has dried up, the wuḍūʾ is invalid. And if only the moisture on the place that comes before the area he wants to wash or wipe has dried up - for example, when he wants to wash his le arm, the moisture on his right arm has dried up but his face is still wet - his wuḍūʾ is valid.
66 Ruling 283. If a person performs the acts of wuḍūʾ in close succession but the moisture on the previous places has dried up by means of hot weather or on account of excess body heat and suchlike, his wuḍūʾ is valid.
Ruling 284. ere is no problem in walking while performing wuḍūʾ; therefore, if aer washing the face and arms one walks a few steps and then wipes his head and feet, his wuḍūʾ is valid.
The ninth condition:washing the face and arms and wiping the head and feet must be performed by the person himself; and if someone else performs wuḍūʾ on him or helps him in geing the water to his face and arms, or in wiping his head and feet, his wuḍūʾ is invalid.
Ruling 285. If a person cannot perform wuḍūʾ by himself, he must get assistance from someone else even if this results in the two of them washing and wiping jointly; and in the event that the helper wants payment, the mukallaf must pay him, provided that he is able to do so and it does not harm him financially. However, in such a case, the mukallaf must himself make the intention of performing wuḍūʾ and wipe with his own hands; and if the mukallaf cannot perform wuḍūʾ jointly with the helper, he must ask the helper to perform wuḍūʾ on him, in which case the obligatory precaution is that both of them must make the intention of performing wuḍūʾ; and if it is possible, the helper must take the hand of the mukallaf and draw it over the place of wiping; and if it that is not possible, the helper must take some moisture from the mukallaf’s hands and with that moisture wipe the mukallaf’s head and feet.
Ruling 286. One must not get assistance from someone else in performing those acts of wuḍūʾ that he can perform by himself.
The tenth condition: using the water must not be harmful for the person.
Ruling 287. If someone fears that by performing wuḍūʾ he will fall
67 ill, or that if he uses water for performing wuḍūʾ he will remain thirsty, he does not have any obligation to perform wuḍūʾ. And if one does not know that water is harmful for him and he performs wuḍūʾ and the water really was harmful for him, his wuḍūʾ is void.
Ruling 288. If a person would not be harmed by washing his face and arms with the minimum amount of water with which performing wuḍūʾ is valid but he would be harmed by using an amount more than that, he must perform wuḍūʾ with the minimum amount.
The eleventh condition: there must not be an obstruction for water to reach the parts of the body on which wuḍūʾ is performed.
Ruling 289. If a person knows that something is stuck to a part of the body on which wuḍūʾ is performed but he doubts as to whether or not it would prevent water from reaching that part, he must remove it or make the water go underneath it.
Ruling 290. ere is no problem if there is dirt under one’s nails. However, if the nails are clipped, in the event that the dirt is an obstruction for water to reach the skin, one must remove the dirt for the purposes of wuḍūʾ. Furthermore, if one’s nails are unusually long, then dirt collected under the length that is longer than normal must be removed.
Ruling 291. If there is swelling on one’s face, arms, front of head, or feet as a result of being burnt or due to some other reason, it is sufficient to wash and wipe over it; and in the event that the swelling is pierced, it is not necessary to make water go underneath the skin. If part of the skin has peeled, it is not necessary to make water go underneath the unpeeled part; however, in the event that the peeled skin is such that it sometimes sticks to the body and at other times it hangs loose, one must cut it off or make water go underneath it.
Ruling 292. If a person doubts whether or not something is stuck
68 to a part of the body on which wuḍūʾ is performed, in the event that his deeming this probable would be considered by people to be reasonable - for example, aer working with clay, one doubts whether or not clay is stuck to his hands - he must examine that part or rub his hands to the extent that he becomes confident that if there was something stuck on them, it has been removed or water has gone underneath it.
Ruling 293. If a place on the body that must be washed or wiped is dirty but the dirt is not an obstruction to water reaching the body, there is no problem. Similarly, there is no problem if aer plastering and suchlike, something white remains on one’s hand that does not prevent water from reaching it. However, if one doubts whether or not its presence will prevent water from reaching that part of the body, he must remove it.
Ruling 294. If before performing wuḍūʾ one knows that on some parts of the body on which wuḍūʾ is performed there is an obstruction for water to reach those parts, and aer wuḍūʾ he doubts whether at the time of performing wuḍūʾ he made water reach those parts or not, his wuḍūʾ is valid.
Ruling 295. If on some parts of the body on which wuḍūʾ is performed there is an obstruction which water sometimes manages to go under by itself and at other times it does not, and if one doubts aer performing wuḍūʾ whether water went under it or not, then, in the event that he knows that while he was performing wuḍūʾ he was not aware of water going under it, the recommended precaution is that he should perform wuḍūʾ again.
Ruling 296. If aer performing wuḍūʾ someone sees on a part of the body on which wuḍūʾ is performed something that is an obstruction to water reaching that part, and if he does not know whether it was present at the time of performing wuḍūʾ or it appeared aerwards, his wuḍūʾ is valid. However, if he knows that at the time of performing wuḍūʾ he was not aware of the obstruction, the recommended precaution is that he should perform wuḍūʾ again.
69 Ruling 297. If a person doubts aer performing wuḍūʾ whether or not there was something that was an obstruction to water reaching those parts of the body on which wuḍūʾ is performed, the wuḍūʾ is valid.
LAWS OF WUḌŪʾ
Ruling 298. Someone who frequently doubts about the acts of wuḍūʾ and its conditions - such as the water being pure and not being usurped - must not give heed to his doubts.
Ruling 299. If someone doubts whether his wuḍūʾ has become void or not, he must treat it as still being valid. However, if aer urinating one does not perform istibrāʾ and performs wuḍūʾ, and aer performing wuḍūʾ some fluid is discharged about which he does not know whether it is urine or something else, his wuḍūʾ is void.
Ruling 300. If a person doubts whether he has performed wuḍūʾ or not, he must [deem that he has not and] perform wuḍūʾ.
Ruling 301. If someone knows he has performed wuḍūʾ and also knows that he has done something that invalidates wuḍūʾ - for example, he has urinated - but he does not know which one was first [i.e. he does not know whether he performed wuḍūʾ and then urinated, for example, or he urinated and then performed wuḍūʾ], then, in the event that he has this doubt before prayers, he must perform wuḍūʾ for those prayers; and if he has this doubt in-between prayers, he must break his prayer and perform wuḍūʾ; and if he has this doubt aer prayers, the prayer that he performed is valid but he must perform wuḍūʾ for subsequent prayers.
Ruling 302. If a person becomes certain aer or while performing wuḍūʾ that he has not washed or wiped some necessary places, in the event that the moisture on the previous parts has dried up due to the passing of time, he must perform wuḍūʾ again; and if the moisture has not dried up or it has dried up on account of hot
70 weather and suchlike, he must wash or wipe the part that he forgot and the parts that follow it. And if during wuḍūʾ one doubts whether or not he has washed or wiped a place, he must follow the same instructions.
Ruling 303. If a person doubts aer prayers whether he had performed wuḍūʾ or not, his prayers are valid but he must perform wuḍūʾ for subsequent prayers.
Ruling 304. If a person doubts during prayers whether or not he had performed wuḍūʾ, then based on obligatory precaution, he must perform wuḍūʾ and perform the prayer again.
Ruling 305. If a person realises aer prayers that his wuḍūʾ has become void but doubts whether his wuḍūʾ became void before or aer prayers, the prayers performed by him are valid.
Ruling 306. If a person suffers from an illness that causes urine to be discharged drop by drop [i.e. urinary incontinence], or, if he cannot control faeces from being discharged [i.e. faecal incontinence], in the event that he is certain he will have some respite from a discharge between the beginning and the end of the prayer time such that he will be able perform wuḍūʾ and the prayers during the period of respite, he must perform prayers at the time he has this respite. And if the respite is long enough to perform only the obligatory acts of prayers, then at the time he has this respite he must perform only those acts of the prayer that are obligatory and leave the recommended acts, such as the call to prayer (adhān), the call to stand up for prayer (iqāmah), and the supplication that is recited with the hands placed in front of the face (qunūt).
Ruling 307. If a person finds respite [from the illness mentioned in the previous ruling] to perform wuḍūʾ and only part of the prayer, and during prayers some urine or faeces is discharged once or a few times, the obligatory precaution is that in the remaining respite period, he must perform wuḍūʾ and prayers. However, it is
71 not necessary that during prayers he renews his wuḍūʾ on account of a discharge of urine or faeces.
Ruling 308. If urine or faeces is discharged with such frequency that the person does not find respite long enough to perform wuḍūʾ and part of the prayer, then one wuḍūʾ is sufficient for several prayers unless he does something else that invalidates wuḍūʾ - such as urinating or defecating in a natural manner, or sleeping - although it is beer that he performs wuḍūʾ for every prayer. However, for a lapsed (qaḍāʾ) prostration (sajdah), a qaḍāʾ tashahhud (testifying), and the precautionary prayer (ṣalāt al-iḥtiyāṭ), performing another wuḍūʾ is not necessary.
Ruling 309. If urine or faeces are discharged continuously, it is not necessary for the person to perform prayers immediately aer performing wuḍūʾ, although it is beer that he makes haste to perform the prayers.
Ruling 310. If urine or faeces are discharged continuously, it is permied for the person - aer he has performed wuḍūʾ - to touch the writing of the r’an even if he is not in the state of performing prayers.
Ruling 311. Someone whose urine is discharged drop by drop must use a bag in which there is some coon or something else that prevents the urine from splashing onto other areas. And the obligatory precaution is that before every prayer, he must wash with water the urinary outlet that has become impure. If someone cannot control the discharge of faeces, he must prevent the faeces from spreading onto other areas during prayers if it is possible for him to do so. And the obligatory precaution is that if it is not excessively difficult, he must wash the anus with water before every prayer.
Ruling 312. If someone cannot control the discharge of urine or faeces, he must prevent their discharge during prayers if it is possible for him to do so; and it is beer that he prevents it even if
72 he incurs an expense in doing so; and if his illness can be treated easily, it is beer that he is treated.
Ruling 313. If someone cannot control the discharge of urine or faeces, then aer recovering from his illness, it is not necessary for him to repeat the prayers that he performed in accordance with his religious duty while he was ill. However, if during the time of prayers he recovers from his illness, then based on obligatory precaution, he must repeat the prayer he performed at that time.
Ruling 314. If someone suffers from an illness that does not allow him to stop passing wind, he must act in accordance with the duty of those who cannot control the discharge of urine and faeces.
THINGS FOR WHICH ONE MUST PERFORM WUḌŪʾ
Ruling 315. It is obligatory to perform wuḍūʾ for six things:
1. for obligatory prayers - except the funeral prayer (ṣalāt al-mayyit) - and for recommended prayers; 2. for a sajdah and tashahhud that have been forgoen, if between them and the prayer one has done something that invalidates wuḍūʾ; for example, he has urinated. It is not obligatory, however, to perform wuḍūʾ for the prostration for inadvertence (sajdat al-sahw); 3. for the obligatory circumambulation (ṭawāf) of the Kaʿbah that is part of hajj or ʿumrah;31 4. if one had made a vow (nadhr) or a covenant (ʿahd) or had taken an oath (qasam) that he would perform wuḍūʾ; 5. if one had made a vow that, for example, he would kiss the writing of the r’an; 6. for washing a copy of the r’an that has become impure or for taking it out from a lavatory and such places, in the event that he is obliged to touch the writing of the r’an with his hand or with some other part of his body.
31 ʿUmrah refers to the pilgrimage to Mecca that has fewer rituals than the hajj pilgrimage. It is sometimes referred to as the ‘minor pilgrimage’. 73 However, in the event that the delay that would be caused by performing wuḍūʾ would result in further disrespect to the r’an, one must take the r’an out from the lavatory and such places - or wash it if it has become impure - without performing wuḍūʾ.
Ruling 316. Touching the writing of the r’an - i.e. making a part of the body come into contact with the writing of the r’an - for someone who does not have wuḍūʾ is unlawful. However, if the r’an is translated into another language, then touching the translation is not a problem.
Ruling 317. It is not obligatory to prevent a child or an insane person from touching the writing of r’an. However, if their touching the r’an is deemed to be disrespectful to it, then one must prevent them from touching it.
Ruling 318. Based on obligatory precaution, it is unlawful for someone who does not have wuḍūʾ to touch the name of Allah the Exalted or His special aributes in whatever language they happen to be wrien. And it is beer to also avoid touching the blessed names of Prophet Muḥammad (Ṣ), the Imams (ʿA), and Her Eminence [Fāṭimah] al-Zahrāʾ (ʿA) without wuḍūʾ.
Ruling 319. At whatever time a person performs wuḍūʾ with the intention of aaining proximity to Allah, it is valid; and it does not maer whether he performs it shortly before the time for prayers, or well in advance of it, or aer it has set in. Furthermore, it is not necessary for one to make the intention of performing an obligatory or recommended wuḍūʾ. In fact, even if one mistakenly makes the intention of performing an obligatory wuḍūʾ and aerwards realises that it was not obligatory, his wuḍūʾ is valid.
Ruling 320. If someone is certain that the time for prayers has set in and makes the intention of performing an obligatory wuḍūʾ, and aer performing wuḍūʾ he realises that the time has not set in yet, the wuḍūʾ is valid.
74 Ruling 321. It is recommended for someone who has wuḍūʾ to perform wuḍūʾ again for every prayer. According to some jurists, it is recommended that one performs wuḍūʾ for ṣalāt al-mayyit, visiting graves, going to a mosque and to the shrines of the Imams (ʿA), carrying the r’an, reading and writing it, touching its margins, and before sleeping. However, wuḍūʾ being recommended in these cases is not established. Of course, if one performs wuḍūʾ on the basis that it being recommended is probable, his wuḍūʾ is valid and he can perform any act that requires wuḍūʾ with that wuḍūʾ; for example, he can perform prayers with that wuḍūʾ.
THINGS THAT INVALIDATE WUḌŪʾ
Ruling 322. ere are seven things that invalidate wuḍūʾ:
1. urinating; and apparently included in the ruling of urinating is the similar moisture that comes out aer urinating and before performing istibrāʾ; 2. defecating; 3. passing wind of the stomach and of the intestine from the anus; 4. sleeping, which means that simultaneously one’s eyes do not see and one’s ears do not hear; however, if one’s eyes do not see but his ears hear, his wuḍūʾ does not become invalid; 5. things that cause one to lose his mind, such as insanity, intoxication, and unconsciousness; 6. istiḥāḍah of a woman, which will be discussed later; 7. janābah; and based on recommended precaution, all things for which one must perform ghusl.
LAWS OF JABĪRAH WUḌŪʾ
‘Jabīrah’ refers to the thing with which a wound or a break in a bone is bandaged, and to medication that is applied to a wound etc.
Ruling 323. If on one of the parts of the body on which wuḍūʾ is performed there is a wound, boil, or broken bone, in the event that
75 it is uncovered and water is not harmful for the person, he must perform wuḍūʾ in the normal manner.
Ruling 324. If a wound, boil, or broken bone is on one’s face or arms, and it is uncovered, and pouring water over it is harmful, then the area around the wound or boil must be washed from top to boom in the manner that was explained with regard to wuḍūʾ. And if drawing a wet hand over it is not harmful, it is beer that one draws a wet hand over it, places a pure cloth over it, and then draws a wet hand over the cloth as well. As for the case of a broken bone, it is necessary to perform tayammum [instead of jabīrah wuḍūʾ].
Ruling 325. If a wound, boil, or broken bone is on the front part of the head, or on the feet, and it is uncovered, then in the event that one cannot wipe it - meaning that the wound, for example, covers the entire area that is to be wiped, or for some reason he is unable to wipe even the unaffected areas - in such a case, it is necessary for him to perform tayammum, and based on obligatory precaution, he must also perform wuḍūʾ and place a pure cloth over it and wipe over the cloth with the wetness of the wuḍūʾ water le on his hand.
Ruling 326. If a boil, wound, or broken bone is covered, and uncovering it is possible without causing excessive difficulty, and water is not harmful for the person, then he must uncover it and perform wuḍūʾ, irrespective of whether the wound and suchlike is on the face or arms, or on the front part of the head, or on the feet.
Ruling 327. If a wound, boil, or broken bone that is covered is on the face or arms, in the event that it is harmful to uncover and pour water over it, one must wash as much of the area around it as possible; and based on obligatory precaution, one must also wipe over the jabīrah.
Ruling 328. If it is not possible to uncover a wound but the wound and the thing that has been placed over it are pure, and if making water reach the wound is possible and not harmful, then one must
76 make water go over the wound from top to boom. If the wound or the thing that has been placed over it is impure, in the event that it is possible to wash that thing with water and to make water go over the wound, one must wash it with water and at the time of performing wuḍūʾ he must make the water reach the wound. And in the event that water is not harmful for the person but washing it with water is not possible, or, if uncovering the wound causes excessive difficulty or it is harmful for him, he must perform tayammum.
Ruling 329. If the jabīrah completely covers one of the parts of the body on which wuḍūʾ is performed, then performing jabīrah wuḍūʾ is sufficient. However, if the jabīrah covers all or most of the parts of the body on which wuḍūʾ is performed, then based on obligatory precaution, one must perform tayammum and jabīrah wuḍūʾ.
Ruling 330. It is not necessary for the jabīrah to be made of something that one is permied to wear when performing prayers. erefore, if the jabīrah is made of silk or parts of an animal whose meat is unlawful to eat, it is permied to wipe over it.
Ruling 331. If someone has a jabīrah on the palm of his hand or on his fingers, and at the time of performing wuḍūʾ he draws his wet hand over it, he must wipe his head and feet with the same moisture [that has gathered on the jabīrah].
Ruling 332. If the jabīrah covers the entire surface of the top of the foot except for an area over the toes and at the top of the foot, one must wipe the places that are uncovered and over the jabīrah that is covering the other parts.
Ruling 333. If there are several jabīrahs on one’s face or arms, he must wash between them; and if the jabīrahs are on the head or on the feet, he must wipe between them; and for those places covered by the jabīrah, he must act according to the rules of jabīrah.
77 Ruling 334. If the jabīrah has covered more than the normal area around the wound and it is not possible to remove it without causing excessive difficulty, one must perform tayammum, unless the jabīrah is on a place of the body that tayammum is performed on, in which case it is necessary to perform both wuḍūʾ and tayammum. In both cases, if it is possible to remove the jabīrah without causing excessive difficulty, the jabīrah must be removed. erefore, if the wound is on the face or arms, the area around it must be washed; and if it is on the head or on top of the feet, the area around that must be wiped; and for the place of the wound, one must act according to the rules of jabīrah.
Ruling 335. If there is no wound, cut, or broken bone on a part of the body on which wuḍūʾ is performed but water is harmful for the person for some other reason, he must perform tayammum.
Ruling 336. If phlebotomy32 has been performed on one of the parts of the body on which wuḍūʾ is performed and one cannot wash it with water, it is necessary to perform tayammum. However, if one can wash it with water but water is harmful for him, then he must act according to the rules of jabīrah.
Ruling 337. If something is stuck on a part of one’s body on which wuḍūʾ or ghusl is performed and it is not possible to remove it, or the difficulty involved in removing it is such that it cannot be endured, then his responsibility is to perform tayammum. However, if the thing that is stuck is on a part of one’s body on which tayammum is performed, it is necessary to perform both wuḍūʾ and tayammum. Furthermore, if the thing that is stuck is some form of treatment, it is ruled as jabīrah.
Ruling 338. For all ghusls - apart from the ghusl given to a corpse - jabīrah ghusl is performed like jabīrah wuḍūʾ; however, based on obligatory precaution, one must perform it in sequence. If there is a wound or a boil on the body, one has the choice of performing
32 Phlebotomy is the practise of bloodleing, i.e. a treatment in which a vein is cut to release blood. 78 ghusl or tayammum; and in the event that one chooses to perform ghusl and the wound is not covered, the recommended precaution is that he places a pure cloth over the wound or the uncovered boil and wipes over the cloth. However, if there is a broken bone in the body, one must perform ghusl , and as a precautionary measure, he must also wipe over the jabīrah, and in the event that it is not possible to wipe over the jabīrah or the place of the broken bone is uncovered, it is necessary to perform tayammum.
Ruling 339. If someone’s responsibility is to perform tayammum but on some of the parts of his body on which tayammum is performed he has a wound, boil, or broken bone, he must perform jabīrah tayammum in accordance with the rules of jabīrah wuḍūʾ.
Ruling 340. If someone must perform prayers with jabīrah wuḍūʾ or ghusl, in the event that he knows his legitimate excuse for not performing normal wuḍūʾ or ghusl will remain valid until the end of the time for prayers, he can perform prayers at the beginning of their time. However, if he has hope that his legitimate excuse will expire before the end of the time for prayers, it is beer that he waits; and in the event that his legitimate excuse remains valid, he must perform prayers with jabīrah wuḍūʾ or ghusl at the end of the time for prayers; and in the event that he performed prayers at the beginning of their time and his legitimate excuse expired by the end of the time for prayers, the recommended precaution is that he should perform wuḍūʾ or ghusl and repeat the prayers.
Ruling 341. If someone keeps his eye lashes stuck together because of an illness in his eye, he must perform tayammum.
Ruling 342. If someone does not know whether his duty is to perform tayammum or jabīrah wuḍūʾ, then based on obligatory precaution, he must perform both of them.
Ruling 343. e prayers that one performs with jabīrah wuḍūʾ are valid, and he can perform subsequent prayers with that wuḍūʾ as well.
79 OBLIGATORY (WĀJIB) RITUAL BATHING (GHUSL)
ere are seven obligatory ghusls:
1. the ghusl for ritual impurity (janābah); 2. the ghusl for menstruation (ḥayḍ); 3. the ghusl for lochia33 (niās); 4. the ghusl for irregular blood discharge (istiḥāḍah); 5. the ghusl for touching a corpse (mass al-mayyit); 6. the ghusl given to a corpse (mayyit); 7. a ghusl that becomes obligatory on account of a vow (nadhr), oath (qasam), or suchlike.
If there is a total solar eclipse or a total lunar eclipse and a mukallaf intentionally (ʿamdan) does not perform the prayer of signs (ṣalāt al-āyāt) in its prescribed time, then based on obligatory precaution, he must perform ghusl before he makes it up [i.e. when he performs ṣalāt al-āyāt belatedly (qaḍaʾ), he cannot do so with wuḍūʾ; rather, he must perform ghusl first and then perform the prayer with that ghusl].
LAWS OF RITUAL IMPURITY (JANĀBAH)
Ruling 344. A person becomes junub34 in two ways:
1. sexual intercourse; 2. ejaculation of semen, whether he is asleep or awake, and whether it is a lile or a lot, with or without lust, voluntarily or involuntarily.
Ruling 345. If some fluid comes out of the penis and the man does not know whether it is semen, urine, or something else - in the event that it comes out with three characteristics: it is accompanied by lust, it comes out with a gush, and one’s body feels weak aer it has come out - then that fluid is ruled as being semen; and if none
33 at is, blood discharged aer childbirth. 34 Junub is the term used to refer to a person who is in the state of janābah. 80 of these three characteristics are present or if even one of them is not, it is not ruled as being semen. However, in the case of a sick person, it is not necessary that the fluid comes out with a gush or that at the time of coming out his body feels weak; rather, if the only characteristic present is that it comes out with lust, it is ruled as being semen.
As for the fluid that is discharged from the vagina when a woman engages in foreplay or imagines lustful thoughts and which is not enough to dirty other places [such as her clothing], it is pure and does not require ghusl to be performed and nor does it invalidate wuḍūʾ. However, if the discharged fluid is a lot - to the extent that it can be called an ‘ejaculation’ and it dirties clothing - then in case it is discharged when the woman reaches sexual climax and complete sexual satisfaction (orgasm), it is impure and causes janābah. In fact, even if it is not discharged at that moment, then based on obligatory precaution, it is impure and causes janābah. And whenever a woman doubts whether or not a discharge of fluid was to this extent, or she doubts whether or not fluid was discharged at all, then performing ghusl is not obligatory on her and nor does it invalidate wuḍūʾ and ghusl.
Ruling 346. If some fluid is discharged by a man who is not sick and that fluid has one of the three characteristics mentioned in the previous ruling, but the man does not know whether or not it had any of the other characteristics, [he will not be junub and] in the event that he had wuḍūʾ before the discharge of the fluid, that wuḍūʾ remains valid; and if he did not have wuḍūʾ, he only needs to perform wuḍūʾ [when required], and performing ghusl is not obligatory on him.
Ruling 347. It is recommended that one urinates aer ejaculation; if he does not urinate, and aer performing ghusl some fluid comes out about which he does not know whether it is semen or some other fluid, it is ruled as being semen.
Ruling 348. If a person has sexual intercourse with a woman
81 and penetration occurs up to or more than the circumcised part of the penis - irrespective of whether the penetration was in the vagina or in the anus, and whether the man had reached the age of legal responsibility (bulūgh) or not - then, even if semen is not ejaculated, both the man and the woman become junub.
Ruling 349. If a person doubts whether or not penetration has occurred up to the circumcised part of the penis, ghusl is not obligatory on him.
Ruling 350. If, God forbid, a man has sexual intercourse with an animal and the man ejaculates, ghusl is sufficient. If he does not ejaculate and he had wuḍūʾ before penetration, again ghusl is sufficient; but if he did not have wuḍūʾ the obligatory precaution is that he must perform ghusl and wuḍūʾ. e ruling is the same in the case of a man having sexual intercourse with another man or with a boy [God forbid].
Ruling 351. If a person feels the movement of semen but does not ejaculate, or, if one doubts whether semen has been ejaculated or not, ghusl is not obligatory on him.
Ruling 352. If someone cannot perform ghusl but it is possible for him to perform tayammum, he can still have sexual intercourse with his wife even aer the time for prayers has set in.
Ruling 353. If a person sees semen on his clothes and knows that it has come from himself, and he has not performed ghusl, he must perform ghusl and make up [i.e. perform as qaḍāʾ] those prayers that he is certain of having performed while he was junub. However, it is not necessary for him to make up those prayers that he deems only probable of having performed before ejaculation of the semen.
THINGS THAT ARE UNLAWFUL (ḤARĀM) FOR A JUNUB
Ruling 354. Five things are unlawful for a junub:
82 1. touching the writing of the r’an with any part of the body, or the name of Allah in whichever language it may be wrien; and it is beer not to touch the names of Prophets, Imams, and Her Eminence [Fāṭimah] al-Zahrāʾ (peace be upon them) as well; 2. entering Masjid al-Ḥarām and the Mosque of the Prophet (Ṣ), even to the extent of entering from one door and exiting from another; 3. staying in other mosques; and similarly, based on obligatory precaution, staying in the shrines of the Imams (ʿA). However, there is no problem if a junub passes through a mosque; for example, by entering from one door and exiting from another; 4. entering a mosque in order to take something from it; and similarly, based on obligatory precaution, placing something in it even if he does not enter the mosque himself; 5. reciting any of the verses for which sajdah is obligatory. ese verses are found in four chapters (surahs) of the r’an: a. Surat al-Sajdah (Chapter 32), verse 15; b. Surat Fuṣṣilat (Chapter 41), verse 37; c. Surat al-Najm (Chapter 53), verse 62; d. Surat al-ʿAlaq (Chapter 96), verse 19.
THINGS THAT ARE DISAPPROVED (MAKRŪH) FOR A JUNUB
Ruling 355. Nine things are disapproved for a junub:
1.- 2. eating and drinking; however, if one washes his face and hands and rinses his mouth, then eating and drinking are not disapproved; and if one only washes his hands, then the disapproval is lessened; 3. reciting more than seven verses of the r’an that do not contain an obligatory sajdah; 4. touching the cover, margins, or spaces between the writing of the r’an with any part of the body;
83 5. keeping the r’an with oneself; 6. sleeping; however, if one performs wuḍūʾ or on account of not having water one performs tayammum in place of ghusl, it is not disapproved; 7. dyeing hair with henna or something similar; 8. rubbing oil on the body; 9. having sexual intercourse aer having a wet dream, i.e. aer semen has been ejaculated in one’s sleep.
THE GHUSL FOR JANĀBAH
Ruling 356. e ghusl for janābah is obligatory for obligatory prayers and suchlike, but it is not necessary for ṣalāt al-mayyit, sajdat al-sahw, the prostration for offering thanks (sajdat al-shukr), and for the obligatory prostrations of the r’an.
Ruling 357. It is not necessary that at the time of performing ghusl one makes the intention of performing an obligatory ghusl, rather, it is sufficient if one performs ghusl with only the intention of qurbah, i.e. in humility to the Lord of the worlds.
Ruling 358. If a person is certain that the time for prayers has set in, and he makes the intention of performing an obligatory ghusl, and aerwards he realises that actually he performed ghusl before the time for prayers had set in, his ghusl is valid.
Ruling 359. Two types of ghusls for janābah can be performed: sequential (tartībī) and immersive (irtimāsī).
SEQUENTIAL RITUAL BATHING (AL-GHUSL AL-TARTĪBĪ)
Ruling 360. In sequential ghusl, one must - based on obligatory precaution - first wash with the intention of ghusl the entire head and neck and then the entire body; and it is beer to first wash the right side of the body, then the le. In the event that one intentionally or due to being negligent in learning the laws of
84 ghusl does not wash the entire head and neck before washing the body, then based on obligatory precaution, his ghusl is invalid. Furthermore, based on obligatory precaution, when performing ghusl, it is not sufficient to make the intention of ghusl when moving the head, neck, or body while they are already under the flow of water; rather, the part that one wants to perform ghusl on - in the event that it is already under the flow of water - must be taken out from under the flow of water and then washed with the intention of ghusl.
Ruling 361. In case one washes his body before his head and neck, it is not necessary for him to repeat the ghusl, rather, in the event that one washes his body again, his ghusl will be valid.
Ruling 362. If a person is not certain that he has completely washed both parts - i.e. his head and neck, and his body - then in order for him to be certain that he has washed both parts, when he washes one part he must wash an area of the other part as well.
Ruling 363. If aer performing ghusl one realises that he has not washed an area of his body but he does not know which area it is, it is not necessary for him to wash his head and neck again, and he must only wash that area of his body that he deems probable he had not washed.
Ruling 364. If aer performing ghusl one realises that he has not washed an area of his body, in the event that the unwashed area happens to be on the le side of his body, it is sufficient for him to wash only the unwashed area. And if the unwashed area happens to be on the right side of one’s body, the recommended precaution is that aer washing the unwashed area, he should wash the entire le side again. Furthermore, if the unwashed area happens to be on one’s head and neck, then based on obligatory precaution, he must wash his body again aer he has washed the unwashed area.
Ruling 365. If before completing ghusl one doubts whether or not he has washed a particular area on the le or right side of his
85 body, it is necessary that he washes that area. And if a person doubts whether or not he has washed an area that is on his head or neck, then based on obligatory precaution, aer he has washed that area he must wash his body again.
IMMERSIVE RITUAL BATHING (AL-GHUSL AL-IRTIMĀSĪ)
Two types of immersive ghusl can be performed: instantaneous (dafʿī) and gradual (tadrījī).
Ruling 366. In instantaneous immersive ghusl, water must cover the entire body in one go.35 However, it is not necessary for the entire body to be out of the water before starting the ghusl; rather, it will suffice if part of the body is out of the water and the person goes under the water completely with the intention of performing ghusl.
Ruling 367. In gradual immersive ghusl, one must gradually - but in a way that can be commonly considered to be one unified action - immerse his body in water with the intention of ghusl. In this type of ghusl, it is necessary for each part of the body to be out of the water before it is washed.36
Ruling 368. If aer performing immersive ghusl one realises that water has not reached all the parts of his body, he must perform ghusl again, irrespective of whether or not he knows which parts of his body the water did not reach.
Ruling 369. If someone does not have time for performing se- quential ghusl but has time for performing immersive ghusl, he must perform immersive ghusl.
35 An example of instantaneous immersive ghusl is diving into a swimming pool with the intention of performing ghusl. 36 An example of gradual immersive ghusl is gently entering a swimming pool by climbing down the steps on the side of the pool with the intention of performing ghusl. 86 Ruling 370. A person in the state of iḥrām37 for hajj or ʿumrah must not perform immersive ghusl. However, if he forgetfully performs immersive ghusl, his ghusl is valid.
LAWS OF PERFORMING GHUSL
Ruling 371. In immersive and sequential ghusl, it is not necessary for the entire body to be pure before performing ghusl, rather, if the body becomes pure by immersing the body in water or by pouring water with the intention of ghusl, then ghusl will have taken place on condition that the water used to perform ghusl remains pure; for example, one performs ghusl with kurr water.38
Ruling 372. If someone who has become junub by unlawful means performs ghusl with hot water, his ghusl is valid even if he sweats [during the ghusl].
Ruling 373. If in ghusl any part of the outer area of the body is le unwashed, the ghusl is invalid. However, washing inside the ears, nose, and whatever is considered to be an inner part of the body is not obligatory.
Ruling 374. If a person doubts whether a part of the body is considered to be an outer or inner part, he must wash it.
Ruling 375. If earing holes and suchlike have become so stretched that their inner areas are considered to be outer parts of the body, those areas must be washed; otherwise, it is not necessary to wash them.
Ruling 376. Anything that is an obstacle for water to reach the body must be removed; and if one performs ghusl before becoming confident that the obstacle has been removed, the ghusl is invalid.
37 Iḥrām here refers to the state of ritual consecration of pilgrims during hajj. 38 As mentioned in Ruling 15, as long as kurr water does not acquire the smell, colour, or taste of an impurity with which it has come into contact, it does not become impure. 87 Ruling 377. If while performing ghusl one rationally deems it probable that there is something on his body that may be an obstacle for water to reach the body, he must examine it and become confident that it is not an obstacle.
Ruling 378. In ghusl, short hair that is considered part of the body must be washed. It is not obligatory to wash long hair. In fact, if one makes water reach the skin in a way that the hair does not become wet, the ghusl is valid. However, if it is not possible for water to reach the skin without the hair becoming wet, one must wash the hair in a way that water reaches the body.
Ruling 379. All the conditions that were mentioned for wuḍūʾ to be valid - such as the water being pure and not being usurped - are also conditions for ghusl to be valid. However, in ghusl, it is not necessary for the body to be washed from top to boom. Furthermore, in sequential ghusl, it is not necessary for the body to be washed immediately aer washing the head and neck; therefore, there is no problem if aer one has washed his head and neck he waits and aer some time he washes his body. In fact, it is not necessary for the entire head and neck to be washed in one go; therefore, it is permied, for example, for one to wash his head and aer a while for him to wash his neck. Furthermore, if someone who cannot control the discharge of urine or faeces does not discharge urine or faeces for the length of time that it takes him to perform ghusl and prayers, he must immediately perform ghusl and then he must immediately perform prayers.
Ruling 380. If someone wants to pay on credit for using a public bath without knowing whether or not the owner consents [to this form of payment, but still performs ghusl there], then even if aerwards the owner accepts, his ghusl is void.
Ruling 381. If the owner of a public bath consents for the money owed to him for using the public bath to be paid on credit but the person who performs ghusl does not intend to pay the debt he owes him, or he intends to pay him from unlawful money, his ghusl is void. 88 Ruling 382. If someone pays the owner of a public bath from money on which the one-fih tax (khums) has not been paid, then although he has commied an unlawful act, the apparent ruling is that his ghusl is valid but he remains indebted to those entitled (mustaḥiqqūn) to receive khums.
Ruling 383. Someone who doubts whether or not he has performed ghusl must perform it. However, if aer performing ghusl one doubts whether or not his ghusl was valid, it is not necessary for him to perform ghusl again.
Ruling 384. If while one is performing ghusl he has a minor occurrence (al-ḥadath al-aṣghar)39 - for example, he urinates - it is not necessary for him to stop performing the ghusl and to start another ghusl [all over again]; rather, he can complete his ghusl but based on obligatory precaution, he will require wuḍūʾ [for performing acts that require wuḍūʾ]. However, if [one has a minor occurrence while performing a sequential ghusl and] he changes from performing a sequential ghusl to an immersive one, or, [if one has a minor occurrence while performing an immersive ghusl and he changes from performing] an immersive ghusl to a sequential one, it is not necessary for him to also perform wuḍūʾ.
Ruling 385. If due to shortage of time one’s duty was to perform tayammum but thinking that he had enough time to perform both
39 Ḥadath (literally, ‘occurrence’) is a term used in Islamic law to refer to something that invalidates wuḍūʾ; it can be of two types: al-ḥadath al-aṣghar (minor occurrence) and al-ḥadath al-akbar (major occurrence). A minor occurrence is something that requires one to perform wuḍūʾ in order to engage in an act of worship that requires wuḍūʾ, such as prayers. ese things are: urinating, defecating, passing wind, sleeping, things that cause one to lose his mind (such as insanity, intoxication, and unconsciousness), and slight irregular blood discharge (al-istiḥāḍah al-qalīlah).
As for a major occurrence, this is something that requires one to perform ghusl in order to perform an act of worship that requires wuḍūʾ; under this category come the following: ritual impurity (janābah ), menstruation (ḥayḍ), lochia (niās), medium and excessive irregular blood discharge (al-istiḥāḍah al-mutawassiṭah and al-kathīrah), and touching a corpse (mass al-mayyit). 89 ghusl and the prayer, he performed ghusl instead and his prayers became qaḍāʾ [i.e. they were not performed in their prescribed time], then in case he had performed ghusl with the intention of aaining proximity to Allah, his ghusl is valid even if he had performed the ghusl in order to perform prayers.
Ruling 386. If aer performing prayers a person who has become junub doubts whether he had performed ghusl or not, the prayers he performed are valid; however, for future prayers he must perform ghusl. If aer prayers he has a minor occurrence, it is necessary for him to also perform wuḍūʾ; and if there is time, he must, based on obligatory precaution, repeat the prayers he had performed.
Ruling 387. Someone who must perform a number of obligatory ghusls can perform one ghusl with the intention of all of them; and the apparent ruling is that if he makes the intention of one particular ghusl, it will suffice for other ghusls [and he does not have to make separate intentions].
Ruling 388. If a verse of the r’an or a name of Allah the Exalted is wrien on part of one’s body, in the event that he wants to perform ghusl in its sequential form, he must make water reach the area in a way that his hand does not touch the writing. e same applies if he wants to perform wuḍūʾ and a verse of the r’an is wrien on one of the parts of his body on which wuḍūʾ is performed; and [in case he wants to perform wuḍūʾ] and a name of Allah is wrien, the same applies, albeit based on obligatory precaution.
Ruling 389. Someone who has performed the ghusl for janābah must not perform wuḍūʾ for prayers; and he can perform prayers without performing wuḍūʾ aer other obligatory ghusls as well, except ghusl for medium istiḥāḍah. Furthermore, [he can perform prayers without performing wuḍūʾ] with recommended ghusls - which will be discussed in Ruling 633 - although the recommended precaution is that [if he has performed a recommended ghusl], he should also perform wuḍūʾ.
90 IRREGULAR BLOOD DISCHARGE (ISTIḤĀḌAH)
One of the types of blood that is discharged by women is the blood of istiḥāḍah. A woman at the time of experiencing istiḥāḍah is called a ‘mustaḥāḍah’.
Ruling 390. Most of the time, the blood of istiḥāḍah is yellow in colour, cold, comes out without pressure or a burning sensation, and is not thick. However, it is possible, sometimes, for it to be black or red, warm, thick, and to come out with pressure and a burning sensation.
Ruling 391. ere are three types of istiḥāḍah: slight (qalīlah), medium (mutawassiṭah), and excessive (kathīrah).
Slight istiḥāḍah is when the blood only stains a piece of coon [placed on the outside of the vagina] and does not seep into it.
Medium istiḥāḍah is when the blood seeps into a piece of coon - albeit into only one side of it - but it does not reach the sanitary pad [or other absorbent item] that a woman would normally use to absorb the discharge of blood.
Excessive istiḥāḍah is when the blood soaks the piece of coon and reaches the sanitary pad [or other absorbent item].
LAWS OF ISTIḤĀḌAH
Ruling 392. For slight istiḥāḍah, a woman must perform one wuḍūʾ for every prayer and she must wash the outside of the vagina with water if there is blood there. And based on recommended precaution, she should purify the piece of coon with water or change it for every prayer.
Ruling 393. For medium istiḥāḍah, a woman must, based on obligatory precaution, perform one ghusl daily for her prayers, and she must do the things that were mentioned in the
91 previous ruling with regard to slight istiḥāḍah. erefore, if she experiences istiḥāḍah before or at the time of morning (ṣubḥ) prayers, she must perform ghusl for ṣubḥ prayers; and if she intentionally or forgetfully does not perform ghusl for ṣubḥ prayers, she must perform ghusl for midday (ẓuhr) and aernoon (ʿaṣr) prayers; and if she does not perform ghusl for ẓuhr and ʿaṣr prayers, she must perform ghusl before prayers at sunset (maghrib) and evening (ʿishāʾ) prayers, whether the bleeding has stopped or not.
Ruling 394. For excessive istiḥāḍah, a woman must, based on obligatory precaution, change or purify with water the piece of coon and the sanitary pad [or other absorbent item]. It is also necessary for her to perform one ghusl for ṣubḥ prayers, one for ẓuhr and ʿaṣr prayers, and one for maghrib and ʿishāʾ prayers. Furthermore, she must not delay between ẓuhr and ʿaṣr prayers nor between maghrib and ʿishāʾ prayers; and if she delays between them, she must perform ghusl again for ʿaṣr and ʿishāʾ prayers.
All of this applies when blood continuously soaks the piece of coon and reaches the sanitary pad [or other absorbent item]. However, in the event that there is a delay in the blood soaking the piece of coon and reaching the sanitary pad [or other absorbent item] to the extent that the woman can perform one or more prayers in that time, the obligatory precaution is that whenever the blood soaks the piece of coon and reaches the sanitary pad [or other absorbent item], she must change or purify them with water and perform ghusl.
erefore, if a woman performs ghusl and, for example, she performs ẓuhr prayers but before ʿaṣr prayers or during ʿaṣr prayers blood soaks the piece of coon and reaches the sanitary pad [or other absorbent item], then again, she must perform ghusl for ʿaṣr prayers. However, in the event that the delay is to the extent that in that time, the woman can perform two or more prayers - for example, she can perform maghrib and ʿishāʾ prayers before blood reaches the sanitary pad [or other absorbent item] again - then for
92 those prayers [i.e. maghrib and ʿishāʾ], it is not necessary for her to perform another ghusl. In each case, for excessive istiḥāḍah, ghusl suffices in place of wuḍūʾ.
Ruling 395. If the blood of istiḥāḍah is discharged before the time for prayers, in the event that a woman has not performed wuḍūʾ or ghusl [depending on her duty] for it, she must perform wuḍūʾ or ghusl at the time of prayers, even if she is not mustaḥāḍah at that moment.
Ruling 396. A woman who has medium istiḥāḍah and must perform wuḍūʾ as well as ghusl, must, based on obligatory precaution, first perform ghusl and then perform wuḍūʾ. However, if a woman who has excessive istiḥāḍah wants to perform wuḍūʾ she must perform it before she performs ghusl.
Ruling 397. If the slight istiḥāḍah of a woman becomes medium aer ṣubḥ prayers, she must perform ghusl for ẓuhr and ʿaṣr prayers; and if it becomes medium aer ẓuhr and ʿaṣr prayers, she must perform ghusl for maghrib and ʿishāʾ prayers.
Ruling 398. If the slight or medium istiḥāḍah of a woman becomes excessive aer ṣubḥ prayers and she remains in this state, she must observe the laws mentioned in Ruling 394 regarding ẓuhr, ʿaṣr, maghrib and ʿishāʾ prayers.
Ruling 399. For excessive istiḥāḍah, in case it is necessary for there not to be a delay between performing ghusl and prayers - as mentioned in Ruling 394. - then, if performing ghusl before the time for prayers has set in causes delay, that ghusl will be of no use for the purposes of performing the prayer and a mustaḥāḍah must perform ghusl again for the prayer. is ruling also applies to a woman who has medium istiḥāḍah.
Ruling 400. A woman who has slight or medium istiḥāḍah must perform wuḍūʾ for every prayer - including the daily prayers, for which the ruling has already been mentioned - be it an obligatory
93 prayer or a recommended one. However, if she wants to perform again one of the daily prayers that she has already performed as a precautionary measure, or, if she wants to repeat in congregation (jamāʿah) the prayer she previously performed alone, she must do all the things that were mentioned with regard to istiḥāḍah. However, for performing ṣalāt al-āyāt or for a sajdah or tashahhud that has been forgoen, if she performs these immediately aer prayers - and for sajdat al-sahw in any condition [i.e. whether she performs it immediately aer prayers or not] - it is not necessary for her to do those things that were mentioned with regard to istiḥāḍah.
Ruling 401. Aer a mustaḥāḍah has stopped bleeding, she must do the things required of a mustaḥāḍah for only the first prayer that she performs. For subsequent prayers, it is not necessary for her to do those things.
Ruling 402. If a woman does not know which type of istiḥāḍah she has, then based on obligatory precaution, when she wants to perform prayers, she must examine herself. For example, she must insert some coon wool into the vagina, wait a lile while, and then take it out. Aer she has found out which of the three types of istiḥāḍah she has, she must do the things that have been instructed for that particular type. However, if she knows that until the time she wants to perform prayers her istiḥāḍah will not change, she can examine herself before the time for prayer has set in.
Ruling 403. If a mustaḥāḍah starts performing prayers without examining herself, in the event that she had the intention of aaining proximity to Allah and acted in accordance with her duty - for example, her istiḥāḍah was slight and she acted in accordance with the rules of someone who has slight istiḥāḍah - in such a case, her prayers are valid. However, if she did not have the intention of aaining proximity to Allah or her actions were not in accordance with her duty - for example, her istiḥāḍah was medium but she acted in accordance with the rules of someone who has slight istiḥāḍah - then her prayers are void.
94 Ruling 404. If a mustaḥāḍah cannot examine herself, she must act according to what is undoubtedly her responsibility. For example, if she does not know whether her istiḥāḍah is slight or medium, she must do the things required of a woman with slight istiḥāḍah; and if she does not know whether she has medium or excessive istiḥāḍah, she must do the things required of a woman with medium istiḥāḍah.40 However, if she knows which one of the three types it was previously, she must act in accordance with the duties for that type.
Ruling 405. If when the blood of istiḥāḍah is first discharged it remains inside and does not come out, this does not invalidate a woman’s wuḍūʾ or ghusl; but if it comes out - however lile it may be - then this invalidates her wuḍūʾ and ghusl.
Ruling 406. If a mustaḥāḍah examines herself aer prayers and does not see any blood, then even if she knows that bleeding will start again, she can perform prayers with the wuḍūʾ she already has.
Ruling 407. If a mustaḥāḍah knows that from the time she started performing wuḍūʾ or ghusl no blood has come out and nor is it in the vagina, she can delay performing prayers until the time she knows she will not experience istiḥāḍah.
Ruling 408. If a mustaḥāḍah knows that before the end of the time for prayers her istiḥāḍah will completely stop or that it will stop for long enough for her to perform prayers, then based on obligatory precaution, she must wait and perform prayers when her istiḥāḍah has stopped.
Ruling 409. If aer performing wuḍūʾ and ghusl the bleeding appears to have stopped and a mustaḥāḍah knows that if she delays the prayer her istiḥāḍah will stop for long enough for her 40 In these two examples, the mustaḥāḍah knows for sure that her istiḥāḍah is at least the lesser type. It could possibly be more than this, but as that is only a possibility, she must act according to what she knows is certain, i.e. the lesser type. 95 to perform wuḍūʾ, ghusl, and prayers, then based on obligatory precaution, she must delay the prayer; and when her istiḥāḍah completely stops, she must perform wuḍūʾ and ghusl again and perform the prayer. Furthermore, if when the bleeding appears to have stopped the time for prayers is short, it is not necessary for her to perform wuḍūʾ and ghusl again; rather, she can pray with the wuḍūʾ and ghusl that she already has.
Ruling 410. When the bleeding of a woman with excessive istiḥāḍah completely stops, if she knows that from the time she became engaged in performing ghusl for the previous prayer there has not been any discharge of blood, it is not necessary for her to perform ghusl again. Apart from this case, she must perform ghusl, based on obligatory precaution. As for a woman who has medium istiḥāḍah, it is not necessary for her to perform ghusl if her istiḥāḍah has completely stopped.
Ruling 411. Aer a woman who has slight istiḥāḍah performs wuḍūʾ, and aer a woman who has medium istiḥāḍah performs ghusl and wuḍūʾ, and aer a woman who has excessive istiḥāḍah performs ghusl, she must immediately engage in performing her obligatory prayers [for which the time is due], except in the two cases that were mentioned in Rulings 394 and 407. However, there is no problem if she says adhān and iqāmah before prayers, and [when she is performing prayers] she can also perform recommended acts of the prayer, such as qunūt.
Ruling 412. If the duty of a mustaḥāḍah is that she must not delay in performing wuḍūʾ, ghusl, and prayers, but she does not act according to her duty, she must perform wuḍūʾ or ghusl again and engage in performing the prayer without further delay.
Ruling 413. If the blood of a mustaḥāḍah is continuous and does not stop, in the event that it is not harmful for her, she must, based on obligatory precaution, prevent the blood from coming out before performing ghusl; and in the event that she is negligent in doing this, and blood comes out, and she has performed prayers,
96 she must perform them again. And the recommended precaution is that she should perform ghusl again [before performing these prayers].
Ruling 414. If bleeding does not stop at the time of performing ghusl, the ghusl is valid. However, if while performing ghusl, medium istiḥāḍah becomes excessive, it is necessary to start the ghusl all over again.
Ruling 415. e recommended precaution is that during the entire day that a mustaḥāḍah is fasting, she should prevent the blood from coming out as much as she can.
Ruling 416. Based on the well-known (mashhūr) juristic opinion, the fast of a woman who has excessive istiḥāḍah is valid if she performs ghusl for maghrib and ʿishāʾ prayers the night before the day she wants to fast, and if she performs the ghusls that are obligatory for the prayers of the day. However, it is not farfetched to consider the validity of her fast as not being conditional on her performing ghusl, just as it is not conditional - based on a stronger opinion (aqwā)41 - for a woman who has medium istiḥāḍah.42
Ruling 417. If a fasting woman becomes mustaḥāḍah aer ʿaṣr prayers and she does not perform ghusl until maghrib, her fast is valid without any problem.
Ruling 418. If before prayers the slight istiḥāḍah of a woman becomes medium or excessive, she must do the things required of a woman with medium or excessive istiḥāḍah, which were mentioned earlier. If the medium istiḥāḍah of a woman becomes excessive, she must do the things required of a woman with excessive istiḥāḍah; and in the event that she has performed ghusl for medium istiḥāḍah, it is of no use and she must perform ghusl again for excessive istiḥāḍah.
41 For practical purposes, where an opinion is stated to be stronger, a fatwa is being given. 42 is rule is clearly stated in Ruling 1613. 97 Ruling 419. If during prayers the medium istiḥāḍah of a woman becomes excessive, she must break her prayer, perform ghusl for excessive istiḥāḍah, do the other things required of a woman with excessive istiḥāḍah, and then perform that prayer. And based on recommended precaution, she should perform wuḍūʾ before ghusl, and if she does not have time to perform ghusl, it is necessary for her to perform tayammum in place of ghusl; and if she does not have time to perform tayammum either, then based on recommended precaution, she should not break her prayer but instead complete it in the state that she is in; however, it is necessary for her to make it up aer its prescribed time. Similarly, if during prayers the slight istiḥāḍah of a woman becomes medium or excessive, she must break her prayer and do the things required of a woman with medium or excessive istiḥāḍah.
Ruling 420. If bleeding stops during prayers and a mustaḥāḍah does not know whether or not the bleeding has also stopped internally, or, if she does not know whether or not her istiḥāḍah will stop for long enough for her to obtain ritual purity (ṭahārah) [i.e. to perform wuḍūʾ or ghusl, according to her duty] and to perform all or part of the prayer, then based on obligatory precaution, she must perform wuḍūʾ or ghusl - according to her duty - and perform the prayer again.
Ruling 421. If the excessive istiḥāḍah of a woman becomes medium, she must do the things required of a woman with excessive istiḥāḍah for the first prayer; and for subsequent prayers, she must do the things required of a woman with medium istiḥāḍah. For example, if before ẓuhr prayers her excessive istiḥāḍah becomes medium, she must perform ghusl for ẓuhr prayers; and for ʿaṣr, maghrib and ʿishāʾ prayers, she must perform wuḍūʾ only. However, if she does not perform ghusl for ẓuhr prayers and she has time only to the extent of performing ʿaṣr prayers, she must perform ghusl for ʿaṣr prayers; and if she does not perform ghusl for ʿaṣr prayers either, she must perform ghusl for maghrib prayers; and if she does not perform ghusl for even those prayers and she has time only for ʿishāʾ prayers, she must perform ghusl for ʿishāʾ prayers. 98 Ruling 422. If before each prayer the bleeding of a woman with excessive istiḥāḍah stops and starts again, she must perform one ghusl for each prayer.
Ruling 423. If the excessive istiḥāḍah of a woman becomes slight, she must do the things required of a woman with excessive istiḥāḍah for the first prayer; and for subsequent prayers, she must do the things required of a woman with slight istiḥāḍah. Furthermore, if medium istiḥāḍah becomes slight, a mustaḥāḍah must do the things required of a woman with medium istiḥāḍah for the first prayer, if she has not done so already.
Ruling 424. If a mustaḥāḍah does not perform any of the acts that are obligatory on her, her prayers are invalid.
Ruling 425. If a woman with slight or medium istiḥāḍah wants to perform an act - other than prayers - that is conditional on having wuḍūʾ - for example, she wants to touch the writing of the r’an with a part of her body - in the event that this is aer finishing prayers, she must, based on obligatory precaution, perform wuḍūʾ and the wuḍūʾ that she had performed for prayers will not suffice.
Ruling 426. It is lawful for a mustaḥāḍah who has performed her obligatory ghusls to go to a mosque and stay in it, and to recite a verse with an obligatory sajdah,43 and for her husband to have sexual intercourse with her, even if she has not done the other things that she would have done for prayers, such as changing the piece of coon and the sanitary pad [or other absorbent item]. In fact, these acts are permied even if she has not performed ghusl.
Ruling 427. If a woman with excessive or medium istiḥāḍah wants to recite a verse with an obligatory sajdah before the time for prayers, or, if she wants to go to a mosque, then based on recommended precaution, she should perform ghusl; and the same applies if her husband wants to have sexual intercourse with her.
43 ese verses are mentioned in the fih part of the list mentioned in Ruling 354. 99 Ruling 428. Ṣalāt al-āyāt is obligatory on a mustaḥāḍah. In order for a mustaḥāḍah to perform ṣalāt al-āyāt, she must do all the things that were mentioned with regard to performing the daily prayers.
Ruling 429. Whenever ṣalāt al-āyāt becomes obligatory on a mustaḥāḍah during the time of the daily prayers and she wants to perform both of them one aer the other, then based on obligatory precaution, she cannot perform both of them with one ghusl and wuḍūʾ [and she would need to perform an additional ghusl or wuḍūʾ].
Ruling 430. If a mustaḥāḍah wants to make up qaḍāʾ prayers, then for each prayer she must do everything that is obligatory on her for performing prayers within their prescribed time (adāʾ); and based on obligatory precaution, for qaḍāʾ prayers, she cannot suffice with the things that she has done for adāʾ prayers.
Ruling 431. If a woman knows that the blood being discharged is not blood from an injury but she is uncertain whether it is the blood of istiḥāḍah, ḥayḍ, or niās, in the event that the blood is not legally (sharʿan) ruled as being that of ḥayḍ or niās, she must act according to the instructions relating to istiḥāḍah. In fact, if she doubts whether it is blood of istiḥāḍah or another type of blood, in the event that it does not have the aributes of other types of blood, then based on obligatory precaution, she must consider the blood to be istiḥāḍah.
MENSTRUATION (ḤAYḌ)
Ḥayḍ is blood that is usually discharged from the uterus of women every month for a few days. A woman in menstruation is called a ‘ḥāʾiḍ’.
Ruling 432. Most of the time, the blood of ḥayḍ is thick and warm, and its colour is black or red, and it comes out with a lile pressure and with a burning sensation.
100 Ruling 433. e bleeding that women above the age of sixty experience is not ruled as ḥayḍ; however, a woman can experience ḥayḍ between the age of fiy and sixty, although the recommended precaution is that women who are not rayshi (sayyidah)44 and who experience bleeding which would previously have been ruled as ḥayḍ [i.e. had they experienced it before the age of fiy, it would have been ruled as ḥayḍ], should refrain from doing the things that are unlawful for a ḥāʾiḍ to do and perform the duties of a mustaḥāḍah.
Ruling 434. Bleeding that a girl experiences before the age of nine is not ḥayḍ.
Ruling 435. It is possible for a pregnant woman and for a woman who is breastfeeding to menstruate. e ruling of a pregnant woman and a non-pregnant woman is the same, except that if a pregnant woman experiences bleeding with the aributes of ḥayḍ aer the passing of twenty days from the first day of her habit, it is necessary for her, based on obligatory precaution, to do the things that a mustaḥāḍah must do and refrain from doing the things that are unlawful for a ḥāʾiḍ to do.
Ruling 436. If a girl who does not know whether or not she has completed nine years of age experiences bleeding that does not have the aributes of ḥayḍ, it is not ḥayḍ; and if it has the aributes of ḥayḍ, then considering it to be ḥayḍ is problematic [i.e. based on obligatory precaution, it must not be considered to be ḥayḍ], unless one is confident that it is ḥayḍ, in which case the girl will be considered to have reached the age of nine.
Ruling 437. If a woman who doubts whether or not she has reached the age of sixty experiences bleeding but does not know whether it is ḥayḍ or not, she must assume that she has not reached the age of sixty.
44 A sayyidah is a female descendant of Hashim, the great grandfather of Prophet Muḥammad (Ṣ). 101 Ruling 438. Ḥayḍ cannot last for less than three days or for more than ten days; and if bleeding lasts for even a lile less than three days, it is not ḥayḍ.
Ruling 439. e first three days of ḥayḍ must be continuous; therefore, if for example, a woman experiences bleeding for two days, and then the bleeding stops for one day, and then she experiences bleeding again for one day, it is not ḥayḍ.
Ruling 440. At the beginning of ḥayḍ, it is necessary for the blood to come out. However, it is not necessary for the blood to come out on all three days and it is sufficient if the blood remains inside the vagina. And in the event that during the three days a woman’s bleeding stops for a short period of time in a manner that is common among all or some women, it is still counted as ḥayḍ.
Ruling 441. It is not necessary for a woman to experience bleeding on the eve of the first and fourth day. However, the bleeding must not stop on the eve of the second and third day. erefore, if from the start of the morning of the first day the bleeding continues until sunset of the third day and does not stop at all, it is ḥayḍ. e same applies if it starts during the first day and stops at the same time on the fourth day.
Ruling 442. If a woman experiences bleeding for three consecutive days and then her bleeding stops, in the event that she experiences bleeding again and the days on which she experiences bleeding plus the days on which her bleeding stops in-between altogether do not exceed ten, then the blood on all the days that she experienced bleeding is ḥayḍ. However, the obligatory precaution is that on the days that her bleeding stops in-between, she must do the things that are obligatory for a non-ḥāʾiḍ and refrain from doing the things that are unlawful for a ḥāʾiḍ.
Ruling 443. If a woman experiences bleeding for more than three and less than ten days, but she does not know whether the bleeding
102 is from a boil, wound, or due to ḥayḍ, she must not consider it to be ḥayḍ.
Ruling 444. If a woman experiences bleeding but does not know whether it is from a wound or due to ḥayḍ, she must perform her ritual acts of worship (ʿibādāt) [as normal], unless prior to this she was in the state of ḥayḍ [in which case she would consider it to be ḥayḍ].
Ruling 445. If a woman experiences bleeding and doubts whether it is ḥayḍ or istiḥāḍah, in the event that it has the conditions of ḥayḍ, it must be considered to be ḥayḍ.
Ruling 446. If a woman experiences bleeding and she does not know whether it is ḥayḍ or bleeding caused by her hymen breaking, she must examine herself; i.e. she must insert some coon in the vagina, wait a while, and then take it out. If she finds that blood has stained only the sides of the coon, it is bleeding caused by her hymen breaking, but if it has reached all parts of the coon, it is ḥayḍ.
Ruling 447. If a woman experiences bleeding for less than three days, and then her bleeding stops, and aer three days she experiences bleeding again, the second bleeding is ḥayḍ and the first bleeding - even if she experiences it during her habitual period - is not ḥayḍ.
LAWS OF A WOMAN IN MENSTRUATION (ḤĀʾIḌ)
Ruling 448. Certain things are unlawful for a ḥāʾiḍ:
1. to perform those ritual acts of worship that must be performed with wuḍūʾ, ghusl, or tayammum - such as prayers - if she does so with the intention of performing a valid act. However, there is no problem if she performs ritual acts of worship for which wuḍūʾ, ghusl, or tayammum is not necessary, such as ṣalāt al-mayyit;
103 2. all the things that are unlawful for a junub, as mentioned in the rules of janābah; 3. vaginal intercourse, which is unlawful for both the man and the woman even if the penis penetrates only to the point of circumcision and the man does not ejaculate. In fact, the obligatory precaution is that the penis must not penetrate even less than the point of circumcision. is law does not apply to anal intercourse; however, based on obligatory precaution, anal intercourse with a woman without her consent - whether she is ḥāʾiḍ or not - is not permied.
Ruling 449. Sexual intercourse is unlawful on the days when even though ḥayḍ is not certain, the woman must still regard herself as being ḥāʾiḍ. erefore, a husband cannot have intercourse with his wife on the days when she experiences bleeding for more than ten days and who must - according to the instructions that will be mentioned later - regard the days of her close relatives’ habitual paern as her ḥayḍ days.
Ruling 450. If a man has sexual intercourse with his wife while she is in the state of ḥayḍ, it is obligatory on him to seek forgiveness from Allah. However, giving recompense (kafārah) is not obligatory on him, even though it is beer that he gives kafārah. e kafārah for sexual intercourse at the beginning of ḥayḍ is one legal (sharʿī) mithqāl45 of coined gold, at the middle of ḥayḍ it is half a legal mithqāl, and at the end of ḥayḍ it is one quarter of a legal mithqāl. A legal mithqāl is eighteen nukhuds.46
Ruling 451. Apart from having sexual intercourse with a ḥāʾiḍ, there is no problem in deriving other forms of sexual pleasure with her, such as kissing and foreplay.
Ruling 452. As it is mentioned in the laws relating to divorce, to divorce a woman who is in the state of ḥayḍ is invalid.
45 A legal mithqāl is a measure of weight equal to approximately 3.51 grams. 46 A nukhud is a measure of weight equivalent to approximately 0.195 grams. 104 Ruling 453. If a woman says she is ḥāʾiḍ or that her ḥayḍ has stopped, in the event that she is not someone who is careless about religious maers such as purity and impurity, her word must be accepted. However, if she is someone who is careless about religious maers, then accepting her word is problematic [i.e. based on obligatory precaution, her word must not be accepted].
Ruling 454. If a woman becomes ḥāʾiḍ during prayers, her prayers are invalid; and based on obligatory precaution, this applies even if ḥayḍ occurs aer the last sajdah and before the last word of the salutation (salām) of the prayer.
Ruling 455. If a woman doubts during prayers whether or not she has become ḥāʾiḍ, her prayers are valid. However, if aer prayers she realises that she had actually become ḥāʾiḍ during prayers, then the prayers she performed are void, as mentioned in the previous ruling.
Ruling 456. Aer a woman’s ḥayḍ has stopped, it is obligatory on her to perform ghusl for prayers and for other ritual acts of worship that must be performed with wuḍūʾ, ghusl, or tayammum. e ghusl for ḥayḍ is performed in the same way as the ghusl for janābah, and the ghusl for ḥayḍ suffices in place of wuḍūʾ, although it is recommended to also perform wuḍūʾ before performing ghusl.
Ruling 457. If a woman is divorced aer her ḥayḍ has stopped, the divorce is valid even if she has not yet performed ghusl. Furthermore, [aer her ḥayḍ has stopped but before she has performed ghusl] her husband can have sexual intercourse with her. However, the obligatory precaution is that intercourse must take place aer washing the vagina; and the recommended precaution is that having sexual intercourse with her should be avoided before she has performed ghusl. However, other acts that were unlawful for the woman during ḥayḍ on account of them being conditional on her being in a state of ritual purity - such as touching the writing of the r’an - do not become lawful for her until she performs ghusl. Similarly, based on obligatory precaution,
105 acts that have not been established as being unlawful for a ḥāʾiḍ on account of them being conditional on her being in a state of ritual purity, such as staying in a mosque [also do not become lawful for her until she performs ghusl].
Ruling 458. If the available water is not sufficient for performing both wuḍūʾ and ghusl and it is sufficient for performing only ghusl, a woman must perform ghusl, and it is beer that she performs tayammum in place of wuḍūʾ; and if the water is sufficient for performing only wuḍūʾ and not for performing ghusl, it is beer that she performs wuḍūʾ with the water, and then she must perform tayammum in place of ghusl; and if she does not have sufficient water for performing wuḍūʾ or ghusl, she must perform tayammum in place of ghusl, and it beer that she performs another tayammum in place of wuḍūʾ as well.
Ruling 459. A woman does not have to make up those prayers that she did not perform while she was in the state of ḥayḍ: however, she does have to make up those fasts of the month of Ramadan that she did not keep while she was in the state of ḥayḍ. Similarly, based on obligatory precaution, she must make up any fasts that were obligatory on her at a particular time on account of a vow and which she did not keep while she was in the state of ḥayḍ.
Ruling 460. Whenever the time for prayers sets in and a woman knows that if she delays performing prayers she will become ḥāʾiḍ, she must perform those prayers immediately. Similarly, based on obligatory precaution, she must perform prayers immediately even if she merely deems it probable that she will become ḥāʾiḍ if she delays performing them.
Ruling 461. If a woman delays performing prayers and from the start of the time of prayers there elapses a length of time - equivalent to the time it takes to perform one prayer with all its prerequisites, including obtaining clean clothes and performing wuḍūʾ - and if she becomes ḥāʾiḍ thereaer, it is obligatory on her to make up those prayers. In fact, if the time for prayers had set
106 in and she could have performed one prayer with wuḍūʾ, ghusl, or even tayammum but she did not, then she must, based on obligatory precaution, make up those prayers even if there was not sufficient time for all the other prerequisites. However, she must take into account her own situation in terms of performing prayers quickly or slowly and other things. For example, if a woman who is not a traveller [and therefore must perform the four unit (rakʿah) prayers in their complete (tamām) form] does not perform the ẓuhr prayer at the start of its prescribed time, it becomes obligatory on her to make it up only if before she became ḥāʾiḍ, there was time equivalent to performing a four rakʿah prayer with wuḍūʾ or tayammum from the start of the time for ẓuhr prayers. However, for a traveller [who must perform the four rakʿah prayers in their shortened form] it is sufficient if there was time equivalent to obtaining ritual purity and performing a two rakʿah prayer.
Ruling 462. If at the end of the time for prayers a woman’s ḥayḍ stops and she has time equivalent to performing ghusl and one rakʿah or more of the prayer, she must perform that prayer; and if she does not, she must make it up.
Ruling 463. If aer her bleeding stops a ḥāʾiḍ does not have time equivalent to performing ghusl but she can perform the prayer during its prescribed time by performing tayammum, the obligatory precaution is that she must perform the prayer with tayammum; and in case she does not perform the prayer, she must make it up. Furthermore, apart from shortage of time, if for some other reason her duty is to perform tayammum - for example, because water is harmful for her - then she must perform tayammum and the prayer; and in case she does not perform the prayer, it is necessary for her to make it up.
Ruling 464. If aer her ḥayḍ has stopped a woman is unsure as to whether or not she has time to perform prayers, she must perform those prayers.
Ruling 465. If a woman does not perform prayers thinking that she does not have sufficient time to become ritually pure from an 107 occurrence (ḥadath)47 and to perform one rakʿah, and aerwards she realises that actually she did have time, she must make up that prayer.
Ruling 466. It is recommended that at the time of prayers, a ḥāʾiḍ should clean herself of the blood, change the piece of coon and the sanitary pad [or other absorbent item that a woman would normally use to absorb the discharge of blood], and perform wuḍūʾ and if she cannot perform wuḍūʾ, she should perform tayammum; and it is also recommended for her to sit in the place of prayers facing qibla and to engage in remembering Allah (dhikr), reciting duʿāʾs, and invoking blessings upon Prophet Muḥammad (Ṣ) and his progeny (ṣalawāt).
Ruling 467. According to some jurists, it is disapproved for a ḥāʾiḍ to read the r’an, to keep the r’an with herself, to touch in-between the writing of the r’an, and to dye her hair with henna or something similar.
CATEGORIES OF WOMEN IN MENSTRUATION
Ruling 468. ere are six categories of women in menstruation:
1. a woman with a habit of time and duration: this is a woman who on two consecutive months starts her period at a fixed time, and the number of days on which she has her period is the same in each of the two months. For example, in two consecutive months, she experiences bleeding from the first of the month until the seventh; 2. a woman with a habit of time: this is a woman who on two consecutive months starts her period at a fixed time, but the number of days on which she has her period is not the same in each of the two months. For example, in two consecutive months, she experiences bleeding on the first of the month, but in the first month her bleeding stops on the seventh day and in the second month it stops on the eighth day;
47 See the footnote pertaining to Ruling 384 for an explanation of this term. 108 3. a woman with a habit of duration: this is a woman who has her period for the same number of days on two consecutive months, but the time when her bleeding starts in each of the two months is not the same. For example, in the first month she experiences bleeding from the fih to the tenth of the month and in the second month from the twelh to the seventeenth; 4. a woman with a disordered habit (muḍṭaribah): this is a woman who, for several months, experiences a period but does not have a fixed habit with regard to this [neither of time nor of duration], or her habit has been disturbed and she has not yet formed a new habit; 5. a menarcheal woman (mubtadiʾah): this is a woman who experiences bleeding for the first time; 6. a forgetful woman (nāsiyah): this is a woman who has forgoen the habit of her period.
Specific rules apply to each of these categories, which will be discussed in the following rulings.
1. A woman with a habit of time and duration
Ruling 469. Women who have a habit of time and duration are of two types:
1. a woman who on two consecutive months has her period at a fixed time, and her period also stops at a fixed time. For example, on two consecutive months, she experiences bleeding on the first day of the month and it stops on the seventh. erefore, her habit of ḥayḍ is from the first of the month to the seventh; a woman who on two consecutive months has her period at a fixed time, and aer she experiences bleeding for three or more days, it stops for one or more days, and then she experiences bleeding again; and the total number of days on which she experiences bleeding plus the days on which it stops in-between do not exceed ten; and in both months, all
109 the days on which she experiences bleeding and all the days on which it stops in-between are the same. In such a case, her habit is the number of days on which she experienced bleeding, without the addition of the number of days on which it stopped. erefore, it is necessary that the days on which she experiences bleeding and the number of days on which it stops in-between in both months are the same. For example, if in both months she experiences bleeding from the first day to the third, and then it stops for three days, and then she experiences bleeding for another three days, her habit is six separated days. Furthermore, for the three days in-between on which her period stops, she must, based on obligatory precaution, refrain from doing the things that are unlawful for a ḥāʾiḍ, and do the things required of a mustaḥāḍah; and in the event that the days on which she experiences bleeding in the second month are more or less than in the first month, she has a habit of time and not of duration.
Ruling 470. If a woman with a habit of time - irrespective of whether she also has a habit of duration or not - experiences bleeding during the time of her habit, or on one or more days earlier than the time of her habit such that it can be said that her habit has moved forward, then even if the bleeding does not have the aributes of ḥayḍ, she must act according to the rules that were mentioned for a ḥāʾiḍ. In the event that aerwards, she realises that it was not ḥayḍ - for example, her bleeding stops in less than three days - she must make up the ritual acts of worship that she did not perform [when she considered her bleeding to be ḥayḍ].
Ruling 471. If a woman with a habit of time and duration experiences bleeding on all the days of her habit and on a few days before and aer her habit, and if the total number of days do not exceed ten, then the bleeding on all of those days is considered to be ḥayḍ; and if the number of days exceed ten, then only the bleeding during her habit is ḥayḍ and the bleeding before and aer that is istiḥāḍah, and she must make up the ritual acts of worship that she did not perform before and aer her habit.
110 If a woman experiences bleeding on all the days of her habit and on a few days before her habit, and if the total number of days do not exceed ten, then the bleeding on all of those days is considered to be ḥayḍ; and if it exceeds ten days, then only the bleeding on the days of her habit is considered to be ḥayḍ - even if the bleeding does not have the aributes of ḥayḍ and the days before her habit had the aributes of ḥayḍ - and the bleeding before her habit is considered to be istiḥāḍah; and in the event that on those days she did not perform ritual acts of worship, she must make them up.
If a woman experiences bleeding on all the days of her habit and on a few days aer her habit, and if the total number of days do not exceed ten, then the bleeding on all of those days is considered to be ḥayḍ; and if the total is more than ten days, then only the bleeding on the days of her habit is considered to be ḥayḍ and the rest is considered to be istiḥāḍah.
Ruling 472. If a woman with a habit of time and duration experiences bleeding on some of the days of her habit and on a few days before her habit, and if the total number of days do not exceed ten, then the bleeding on all those days is considered to be ḥayḍ; and if the bleeding exceeds ten days, then the bleeding on the days of her habit plus the few days before that - which total the number of days of her habit - is ḥayḍ, and the bleeding on the first few days is considered to be istiḥāḍah. And if she experiences bleeding on some days of her habit and on a few days aer her habit, and the total number of days do not exceed ten, then the bleeding on all the days is ḥayḍ; and if it exceeds ten days, then the bleeding on the days of her habit plus a few days aer that - which total the number of days of her habit - is ḥayḍ, and the bleeding on the remaining days is considered to be istiḥāḍah.
Ruling 473. If a woman with a habit experiences bleeding for three or more days and aer that her bleeding stops, and if she then experiences bleeding again and the gap between the two bleedings is less than ten days, and if all the days on which she experiences bleeding plus the days on which her bleeding stops
111 total more than ten - for example, she experiences bleeding for five days, then her bleeding stops for five days, and then she experiences bleeding again for five days - in such a case, there are a few scenarios to consider:
1. all or some of the woman’s first bleeding was on the days of her habit and her second bleeding was not on the days of her habit; in this case, she must consider all of her first bleeding to be ḥayḍ and her second bleeding to be istiḥāḍah. However, if her second bleeding has the aributes of ḥayḍ, she must add together the number of days of her first bleeding and the number of days on which her bleeding stopped aer her first bleeding; then, to that figure she must add a number of days from her second bleeding such that the total number of days do not exceed ten. Having done this, she must consider her first bleeding and the bleeding on the days she added from her second bleeding to be ḥayḍ and the rest to be istiḥāḍah. For example, if she experiences bleeding for three days, then her bleeding stops for three days, and then she experiences bleeding again for five days and her second bleeding has the aributes of ḥayḍ, the first three days plus four days from her second bleeding is ḥayḍ; and for the days in-between when her bleeding stops, she must, based on obligatory precaution, perform the obligatory acts that are required of a non-ḥāʾiḍ and refrain from doing the things that are unlawful for a ḥāʾiḍ; 2. the woman’s first bleeding is not on the days of her habit, and all or some of her second bleeding is on the days of her habit. In this case, she must consider all of her second bleeding to be ḥayḍ and her first bleeding to be istiḥāḍah; 3. some of the woman’s first and second bleeding is on the days of her habit, and her first bleeding that was on the days of her habit lasts for not less than three days, and the number of days on which her bleeding stops in-between and some of the days of her second bleeding that was also on the days of her habit does not exceed ten; in this case, both bleedings are ḥayḍ; and the obligatory precaution is that on the days
112 that her bleeding stops in-between, she must do the things that are obligatory on a non-ḥāʾiḍ and refrain from doing the things that are unlawful for a ḥāʾiḍ; and the days of the second bleeding aer the days of her habit are considered to be istiḥāḍah. As for the amount of the first bleeding that she experiences before the days of her habit, in the event that it can commonly be said that her habit has moved forward, it is ruled as ḥayḍ, except if considering it as ḥayḍ results in some or all the days of her second bleeding that was also on the days of her habit to exceed ten days, in which case it is ruled as istiḥāḍah. For example, if a woman’s habit is from the third of the month to the tenth, and she experiences bleeding from the first to the sixth in one month, and then her bleeding stops on two days, and then she experiences bleeding again until the fieenth, then the bleeding that she experiences from the first to the tenth is ḥayḍ, and the bleeding that she experiences from the eleventh to the fieenth is istiḥāḍah; 4. the woman experiences some of her first and second bleeding on the days of her habit, but the part of her first bleeding that she experiences on the days of her habit is less than three days; in this case, she must consider the last three days of her first bleeding to be ḥayḍ, and similarly, her second bleeding - which together with the first three days and the days on which her bleeding stops in-between total ten days - must also be considered to be ḥayḍ, and whatever is more than that is istiḥāḍah. If the number of days on which her bleeding stops is seven, all of her second bleeding is istiḥāḍah. In some cases, she must consider all of her first bleeding to be ḥayḍ, and this is when two conditions are fulfilled: a. all of her first bleeding has moved ahead to such an extent that her habit can be said to have moved forward; b. if all of her first bleeding were to be considered ḥayḍ, the number of days of her second bleeding that she experienced on the days of her habit would not exceed
113 ten. For example, if the habit of a woman was from the third of the month to the tenth, and she now experiences bleeding from the first of the month until the end of the fourth day, then her bleeding stops for two days, and then she experiences bleeding again until the fieenth, in such a case, all of her first bleeding is ḥayḍ; and similarly, the second bleeding until the end of the tenth day is ḥayḍ.
Ruling 474. If a woman with a habit of time and duration does not experience bleeding on the days of her habit, and at another time she experiences bleeding for the same number of days as her ḥayḍ, she must consider it to be ḥayḍ, irrespective of whether she experienced it before the time of her habit or aer it.
Ruling 475. If a woman with a habit of time and duration experiences bleeding on the days of her habit for three days or more, and the number of days are more or less than the days of her habit, and if aer her bleeding stops she experiences bleeding again on the same number of days as her habit, there are a few scenarios to consider:
1. the total number of days of the two bleedings plus the number of days when her bleeding stops in-between does not exceed ten. In this case, the two bleedings together are considered to be one ḥayḍ; 2. the number of days that her bleeding stops in-between the two bleedings exceeds ten. In this case, each of the two bleedings is considered to be a separate ḥayḍ; 3. the number of days that her bleeding stops in-between the two bleedings is less than ten, and the total of the two bleedings plus the days on which her bleeding stops in-between is more than ten. In this case, the first bleeding must be considered to be ḥayḍ and the second bleeding istiḥāḍah.
Ruling 476. If a woman with a habit of time and duration
114 experiences bleeding for more than ten days, the bleeding that she experiences on the days of her habit - even if it does not have the aributes of ḥayḍ - is ḥayḍ; and the bleeding that she experiences aer the days of her habit - even if it has the aributes of ḥayḍ - is istiḥāḍah. For example, if a woman whose habit is from the first of the month to the seventh experiences bleeding from the first of the month to the twelh, the first seven days are ḥayḍ, and the next five days are istiḥāḍah.
2. A woman with a habit of time
Ruling 477. Women who have a habit of time and whose habit has a fixed start date are of two types:
1. a woman who on two consecutive months has her period at a fixed time and whose period stops aer a few days, but the number of days in each month is not the same. For example, on two consecutive months she experiences bleeding on the first of the month but in the first month the bleeding stops on the seventh, and in the second month the bleeding stops on the eighth. is woman must consider the first of the month to be the first day of her habit of ḥayḍ; 2. a woman who on two consecutive months has her period at a fixed time for three or more days, then her period stops, and then she experiences bleeding again, and all the days on which she experiences bleeding plus the days in-between on which her bleeding stops do not exceed ten; but in the second month, this figure is more or less than the first month. For example, in the first month it is eight days and in the second month nine days, but in both months she experiences bleeding from the first of the month. Such a woman must also consider the first of the month to be the first day of her habit of ḥayḍ.
Ruling 478. If a woman with a habit of time experiences bleeding on the days of her habit, or on two or three days before her habit, she must act according to the rules mentioned for a ḥāʾiḍ as per the
115 details in Ruling 470. In cases other than these two - for example, when a woman experiences bleeding so much in advance of her habit that it could not be said her habit has moved forward, rather, it would be said that she has experienced bleeding outside the days of her habit, or she experiences bleeding aer the days of her habit - then, in the event that the bleeding has the aributes of ḥayḍ, she must act according to the rules mentioned for a ḥāʾiḍ. Similarly, if it does not have the aributes of ḥayḍ but she knows that the bleeding will continue for three days [she must act according to the rules mentioned for a ḥāʾiḍ]. However, if she does not know whether or not it will continue for three days, the obligatory precaution is that she must do the things that are obligatory on a mustaḥāḍah and refrain from doing the things that are unlawful for a ḥāʾiḍ.
Ruling 479. If a woman with a habit of time experiences bleeding on the days of her habit and the number of days that her bleeding lasts for is more than ten, and if on some of the days her bleeding has the aributes of ḥayḍ and on some other days it does not, and if the number of days that her bleeding has the aributes of ḥayḍ is not less than three nor more than ten, in such a case, she must consider her bleeding on those days when it has the aributes of ḥayḍ to be ḥayḍ and the rest to be istiḥāḍah. If this type of bleeding is repeated - for example, four days with the aributes of ḥayḍ, followed by four days with the aributes of istiḥāḍah, and then followed by four days with the aributes of ḥayḍ again - she must consider only the first four days to be ḥayḍ and all the rest to be istiḥāḍah; and if the bleeding with the aributes of ḥayḍ lasts for less than three days, she must consider it to be ḥayḍ and determine the number of days of it in one of two ways: either by referring to her close relatives, or by selecting the number of days; and if it is more than ten days, she must consider part of it to be ḥayḍ by one of these two ways. And if a woman cannot distinguish the amount of ḥayḍ by means of its aributes - i.e. she finds that all the blood has the same aributes, or the blood that has the aributes of ḥayḍ lasts for more than ten days or less than three days - then she must consider it to be ḥayḍ according to the number of days of the habit
116 of some of her close relatives, whether they be her paternal or maternal relatives, alive or dead; however, in this case, two conditions must be fulfilled:
1. the woman does not know that her close relative’s habit is different to the duration of her ḥayḍ. For example, she is youthful and healthy and the other woman is approaching the age of menopause, when usually the duration of a woman’s habit is shorter; and similarly, if the situation is the other way round or the woman has an incomplete habit, the meaning and rules of which will be mentioned in Ruling 488. 2. the woman does not know that the habit of the other woman differs from the habit of her other close relatives who meet the first condition. However, there is no problem if the difference is very lile such that it cannot really be counted. e same rule applies to a woman who has a habit of time and does not experience bleeding at all on the days of her habit but experiences bleeding at other times which lasts for more than ten days, and she cannot distinguish the duration of ḥayḍ by means of its aributes.
Ruling 480. A woman with a habit of time cannot consider her bleeding to be ḥayḍ at times other than the time of her habit. erefore, if the start of her habit is known - for example, she used to experience bleeding every month from the first of the month, and sometimes her bleeding would stop on the fih day and at other times on the sixth - in the event that in one month she experiences bleeding for twelve days and she cannot determine her duration by means of the aributes of ḥayḍ, she must consider the first of the month to be the beginning of ḥayḍ; and for the duration, she must refer to what was said in the previous ruling; and if the middle or end of her habit is known, in the event that her bleeding exceeds ten days, she must consider the duration to be such that the end or middle of it is in accordance with the time of her habit.
Ruling 481. A woman with a habit of time who experiences
117 bleeding for more than ten days and cannot determine it according to what was said in Ruling 479 can choose any number of days from three to ten that she feels is appropriate for the duration of her ḥayḍ; and it is beer that she considers it to be seven days, if she feels it appropriate for herself. Of course, the number of days that she considers to be ḥayḍ must be in accordance with the time of her habit, as mentioned in the previous ruling.
3. A woman with a habit of duration
[Women with a habit of duration are of two types:]
1. a woman whose duration of ḥayḍ is the same on two consec- utive months but the time of her bleeding is not the same in each. In this case, her habit is considered to be however many days she experiences bleeding. For example, if in the first month she experiences bleeding from the first of the month to the fih, and in the second month from the eleventh to the fieenth, her habit will be five days. 2. a woman who on two consecutive months experiences bleeding for three days or more, then her period stops for one or more days, and then she experiences bleeding again, and the time of bleeding in the first month differs from that of the second, such that all the days on which she experiences bleeding plus all the days on which her period stops in-between do not exceed ten, and the number of days on which she experiences bleeding are the same; in this case, all the days on which she experiences bleeding is her habit of ḥayḍ, and on the days that her bleeding stops, she must, as a precautionary measure, do the things that are obligatory on a non-ḥāʾiḍ and refrain from doing the things that are unlawful for a ḥāʾiḍ. For example, if in the first month she experiences bleeding from the first to the third of the month, then her bleeding stops for two days, and then she experiences bleeding again for three days, and in the second month she experiences bleeding from the eleventh to the thirteenth, then her bleeding stops for two days, and then she experiences
118 bleeding for three days, in such a case, her habit will be six days. However, if in one month, for example, she experiences bleeding for eight days and in the second month for four days, then her bleeding stops, and then she experiences bleeding again, and the total number of the days on which she experiences bleeding plus the days on which her bleeding stops in-between is eight, in this case, the woman does not have a habit of duration; rather, she is considered to be a (i.e. a woman with a disordered duration), the ruling for which will come later.
Ruling 482. If a woman with a habit of duration experiences bleeding for more or less than the number of days of her habit and it does not exceed ten days, she must consider it all to be ḥayḍ; and if it exceeds ten days, in the event that all the blood is similar, the days from the start of bleeding until the number of days of her habit is considered to be ḥayḍ, and the rest is considered to be istiḥāḍah; and if all the bleeding is not the same, rather, on some days it has the aributes of ḥayḍ and on others the aributes of istiḥāḍah, and if the number of days on which it has the aributes of ḥayḍ are the same as the number of days of her habit, she must consider those days to be ḥayḍ and the rest istiḥāḍah; and if the days on which the bleeding has the aributes of ḥayḍ are more than the days of her habit, then only the same number of days as her habit is ḥayḍ, and the rest is istiḥāḍah; and if the days on which the bleeding has the aributes of ḥayḍ are less than the days of her habit, she must consider those days with a few more days that together total the duration of her habit to be ḥayḍ and the rest istiḥāḍah.
4. A woman with a disordered habit (muḍṭaribah)
Ruling 483. A muḍṭaribah is a woman who experiences bleeding on two consecutive months, but there is a difference in the time and duration of her bleeding. If a muḍṭaribah experiences bleeding for more than ten days and all the blood is the same - i.e. all of it either has the aributes of ḥayḍ or the aributes of istiḥāḍah - then based on obligatory precaution, the rules that
119 apply to her are the same as those that apply to a woman with a habit of time who experiences bleeding at a time other than that of her habit, and who cannot distinguish ḥayḍ from istiḥāḍah by the aributes of the bleeding and so must consider the habit of some of her close relatives to be her habit of ḥayḍ; and in case this is not possible, she must choose a number of days between three and ten and consider that to be her ḥayḍ, as per the explanation mentioned in Rulings 479 and 481.
Ruling 484. If a muḍṭaribah experiences bleeding for more than ten days, and the blood on some of those days has the aributes of ḥayḍ and on other days the aributes of istiḥāḍah, she must act according to the instructions mentioned at the beginning of Ruling 479.
5. A menarcheal woman (mubtadiʾah)
Ruling 485. A mubtadiʾah is a woman who experiences bleeding for the first time. If a woman experiences bleeding for more than ten days and all the blood is the same, she must consider the duration of the habit of one of her close relatives to be the number of days of her ḥayḍ and the rest to be istiḥāḍah, provided that she fulfils the two conditions mentioned in Ruling 479; and if this is not possible, she must choose a number of days between three and ten and consider that to be the duration of her ḥayḍ, according to the instructions explained in Ruling 481.
Ruling 486. If a mubtadiʾah experiences bleeding for more than ten days, and on some of the days the bleeding has the aributes of ḥayḍ and on others the aributes of istiḥāḍah, in the event that the bleeding with the aributes of ḥayḍ does not last for less than three days or more than ten, it is all ḥayḍ. However, if she experiences bleeding again before the passing of ten days from the time she experienced bleeding with the aributes of ḥayḍ, and this bleeding also has the aributes of ḥayḍ - for example, the bleeding is black for five days, yellow for nine days, and then it is black again for five days - in this case, she must consider the first bleeding to be ḥayḍ
120 and the other two bleedings to be istiḥāḍah, as is the case with a muḍṭaribah.
Ruling 487. If a mubtadiʾah experiences bleeding for more than ten days, and on some of the days the bleeding has the aributes of ḥayḍ and on others the aributes of istiḥāḍah, but the bleeding that has the aributes of ḥayḍ lasts for less than three days or more than ten, in this case, she must act according to the instructions mentioned in Ruling 479.
6. A forgetful woman (nāsiyah)
Ruling 488. A nāsiyah is a woman who has forgoen the duration and/or time of her habit. If such a woman experiences bleeding for three days or more but less than ten, then all of it is ḥayḍ. However, if her bleeding lasts for more than ten days, then there are some scenarios to consider:
1. the woman had a habit of time or duration or both, but she has completely forgoen it, such that she cannot remember its time or duration, even in general. For this type of woman, the rules of a mubtadiʾah that were mentioned earlier apply; 2. the woman had a habit of time and may or may not also have had a habit of duration, and she remembers something in general about the time of her habit. For example, she knows that a particular day is part of her habit, or that her habit is in the first half of the month. For this type of woman, the rules of a mubtadiʾah apply as well; however, she must not consider ḥayḍ to be at a time that is definitely contrary to her habit. For example, if she knows that the seventeenth day of the month is part of her habit or that her habit is in the second half of the month, and if she experiences bleeding from the first to the twentieth of the month, then she cannot consider her habit to be in the first ten days of the month even if it has the aributes of ḥayḍ and the bleeding in the second ten days has the aributes of istiḥāḍah;
121 3. the woman had a habit of duration but she has forgoen the duration of her habit. For this type of woman, the rules of a mubtadiʾah also apply; however, she must not knowingly underestimate the duration of her ḥayḍ [for example, if she knows that the number of days of her habit is at least seven days, she cannot consider her ḥayḍ to be less than seven days]. Similarly, she cannot knowingly overestimate the duration of her ḥayḍ to be more than her habit.
A similar rule must be observed by a woman with an incomplete habit of duration, i.e. a woman whose habit of duration fluctuates between two figures that are more than three days and less than ten. For example, a woman who experiences bleeding for either six or seven days every month cannot consider her ḥayḍ to be less than six days or more than seven days by means of the aributes of ḥayḍ, or by the habit of her close relatives, or by choosing a number in case she experiences bleeding for more than ten days.
MISCELLANEOUS RULINGS ON ḤAYḌ
Ruling 489. If a mubtadiʾah, muḍṭaribah, nāsiyah, or a woman with a habit of duration experiences bleeding and the blood has the aributes of ḥayḍ, or, if she is certain that her bleeding will last for three days, she must refrain from engaging in ritual acts of worship; and in the event that she realises aerwards that it was not ḥayḍ, she must make up the ritual acts of worship that she did not perform.
Ruling 490. If on two consecutive months a woman with a habit of ḥayḍ - whether it be a habit of time, duration, or both - experiences bleeding that is contrary to her habit and her bleeding in both months is the same in terms of its time, duration, or both, her habit will change to what she has observed in these two months. For example, if she used to experience bleeding from the first day of the month to the seventh and then her bleeding would stop, in the event that in two consecutive months she experiences bleeding from the tenth to the seventeenth of the
122 month and then her bleeding stops, her habit will change and be from the tenth to the seventeenth.
Ruling 491. e meaning of ‘one month’ - except with regard to determining the habit of time - is the passing of thirty days from the start of bleeding and not from the first day of the month to the last; and with regard to determining the habit of time, the lunar month is intended, not the solar.
Ruling 492. If a woman who usually experiences bleeding once a month experiences bleeding twice in one month, in the event that the number of days on which her bleeding stops in-between is not less than ten, she must consider both bleedings to be ḥayḍ even if one of them does not have the aributes of ḥayḍ.
Ruling 493. With regard to a woman who must distinguish ḥayḍ by means of differences observed in the aributes of her bleeding, if she experiences bleeding for three or more days and it has the aributes of ḥayḍ, and if aerwards she experiences bleeding for ten days or more and it has the aributes of istiḥāḍah, and if she then experiences bleeding again for three days and this has the aributes of ḥayḍ, then she must consider the first and last bleeding - which had the aributes of ḥayḍ - to be ḥayḍ. However, if she experiences one of the two bleedings during her habit and it is not known whether the ten days in-between are all istiḥāḍah or partly ḥayḍ, then the bleeding that she experiences during her habit is ḥayḍ and the rest is istiḥāḍah.
Ruling 494. If a woman’s bleeding stops before ten days and she knows that that there is no blood inside, she must perform ghusl for her ritual acts of worship even if she supposes that she will experience bleeding again before the completion of ten days; and if she is certain that she will experience bleeding again before the completion of ten days, she must, as stated previously, perform ghusl as a precautionary measure, perform her ritual acts of worship, and refrain from doing the things that are unlawful for a ḥāʾiḍ.
123 Ruling 495. If a woman’s bleeding stops before ten days and she deems it probable that there is blood inside, she must either perform ritual acts of worship as a precautionary measure or perform istibrāʾ; and it is not permied for her to refrain from worshipping without performing istibrāʾ. Istibrāʾ here means she must insert some coon inside the vagina and wait for a short while - and if her habit is such that her bleeding stops for a short while in the middle of ḥayḍ, as it has been said of some women, she must wait for a longer time - then, she must bring the coon out; if it is clean, she must perform ghusl and perform her ritual acts of worship; if it is not clean - even if it is stained with a yellow-coloured liquid - in the event that she does not have a habit of ḥayḍ, or her habit is ten days, or the days of her habit have not yet finished, then she must wait; and if her bleeding stops before ten days, she must perform ghusl, and if her bleeding stops on the tenth day or her bleeding lasts for more than ten days, she must perform ghusl on the tenth day; and if her habit is less than ten days, then in case she knows that her bleeding will stop before the completion of ten days or on the tenth day, she must not perform ghusl.
Ruling 496. If a woman considers her bleeding on some days to be ḥayḍ and does not perform ritual acts of worship, and aerwards she realises that it was not ḥayḍ, she must make up the prayers and fasts that she missed on those days; and if she worships on some days supposing that her bleeding on those days is not ḥayḍ, and aerwards she realises that it was ḥayḍ, in the event that she had also kept obligatory fasts on those days, she must make them up.
LOCHIA (NIFĀS)
Ruling 497. From the time that the first part of a baby’s body comes out of its mother’s womb, the bleeding that a woman experiences for ten days is the bleeding of niās, on condition that it can be called ‘the bleeding of childbirth’. A woman in the state of niās is called a ‘nufasāʾ.’
124 Ruling 498. Blood that is discharged before the first part of a baby’s body comes out is not niās.
Ruling 499. It is not necessary for the baby to be fully developed; even if it is born under-developed, as long as its development has passed the stage of an ʿalaqah, which is a clot of blood, and a muḍghah, which is a lump of flesh [embryo], and it is miscarried, then the bleeding of the woman for ten days is considered to be niās.
Ruling 500. It is possible that the blood of niās lasts no longer than a moment; however, it is not considered to be niās if the blood continues for more than ten days.
Ruling 501. Whenever a person doubts whether or not something is miscarried or whether the thing that is miscarried is a child or not, it is not necessary to investigate; and the blood that comes out is not legally ruled as being niās.
Ruling 502. e things that are obligatory on a ḥāʾiḍ are also obligatory on a nufasāʾ; and based on obligatory precaution, the following are unlawful for a nufasāʾ: entering a mosque (however, merely passing through a mosque is permied), staying in a mosque, passing through the ‘Two Mosques’ (i.e. Masjid al-Ḥarām and the Mosque of the Prophet (Ṣ)), reciting the verses that have obligatory sajdah,48 and touching the writing of the r’an and the name of Allah.
Ruling 503. Divorcing a woman who is in the state of niās and having sexual intercourse with her is unlawful, but it does not require one to give kafārah.
Ruling 504. If the bleeding of a woman who does not have a habit of duration of ḥayḍ does not exceed ten days aer giving birth, then all of it is considered to be niās. erefore, if her bleeding
48 ese verses are mentioned in the fih part of the list mentioned in Ruling 354. 125 stops before ten days, she must perform ghusl and ritual acts of worship; and if aer that she experiences bleeding on one or more occasions, in the event that the total number of days on which she experiences bleeding plus the days on which her bleeding stops in-between is ten or less, then all the blood is considered to be niās; and on the days that her bleeding stops, she must, as a precautionary measure, perform ritual acts of worship and refrain from doing the things that are unlawful for a nufasāʾ. erefore, in the event that she had kept any obligatory fasts, she must make them up. Furthermore, if the last bleeding continues for more than ten days, she must consider the first ten days to be niās and the bleeding aer ten days to be istiḥāḍah.
Ruling 505. If the bleeding of a woman with a habit of duration of ḥayḍ exceeds the number of days of her habit aer giving birth - even if the bleeding does not exceed ten days - then based on obligatory precaution, in the days aer the number of days of her habit, she must refrain from doing the things that are unlawful for a nufasāʾ and she must perform the things that are obligatory on a mustaḥāḍah; and if she experiences bleeding on more than one occasion and her bleeding stops in-between, she must consider the number of days of her habit to be niās; and as a precautionary measure, on the days that her bleeding stops in-between and on the days that are more than her habit, she must refrain from doing the things that are unlawful for a nufasāʾ and she must perform the obligatory acts.
Ruling 506. If a woman’s niās stops and she deems it probable that there is blood inside, she must either perform ghusl as a precautionary measure and ritual acts of worship, or she must perform istibrāʾ; and it is not permied for her to refrain from performing ritual acts of worship without performing istibrāʾ. e method of performing istibrāʾ was mentioned in Ruling 495.
Ruling 507. If a woman’s niās exceeds ten days, in the event that she has a habit of duration for ḥayḍ, the same number of days of her habit is niās and the rest is istiḥāḍah, and if she does not
126 have a habit, it is niās for the duration of ten days and the rest is istiḥāḍah; and if she has forgoen her habit, she must consider her habit to be the highest number of days that she deems probable. Furthermore, the recommended precaution is that a woman with a habit should perform the things required for a mustaḥāḍah and refrain from doing the things that are unlawful for a nufasāʾ, starting from the day aer her habit; and a woman who does not have a habit should do this aer the tenth day until the eighteenth day aer childbirth.
Ruling 508. If a woman with a habit of duration for ḥayḍ continuously experiences bleeding for one or more months aer giving birth, the same number of days of her habit is niās and the bleeding for ten days aer niās is istiḥāḍah, even if she has a habit of time and the bleeding is experienced on the days of her habit. For example, if a woman whose habit of ḥayḍ is from the twentieth to the twenty-seventh of every month gives birth on the tenth, and she continuously experiences bleeding for one or more months, the bleeding until the seventeenth day is niās, and the bleeding for ten days from the seventeenth is istiḥāḍah, even if she experiences bleeding on the days of her habit, i.e. from the twentieth to the twenty-seventh; and aer the passing of ten days, if she has a habit of time and does not experience bleeding on the days of her habit, she must wait for the days of her habit, even if her waiting lasts for one or more months, and even if the bleeding during this period has the aributes of ḥayḍ. However, if she does not have a habit of time, she must determine her ḥayḍ by its aributes in the event that this is possible (the method for doing this was mentioned in Ruling 479). If this is not possible - for example, all the bleeding aer ten days of niās is the same, and it continues with the same aributes for one or more months - then in every month, she must consider the ḥayḍ of her close relatives to be her ḥayḍ, as per the details mentioned in Ruling 479. If this is not possible either, she must choose a figure that she considers appropriate for herself, the explanation of which was given in Ruling 481.
Ruling 509. If a woman who does not have a habit of duration
127 for ḥayḍ experiences bleeding for one or more months aer giving birth, the bleeding on the first ten days is niās, and the bleeding on the second ten days is istiḥāḍah. As for the bleeding aer that, it is possible that it could be ḥayḍ or istiḥāḍah; in order to determine whether it is ḥayḍ or not, she must act according to the instructions mentioned in the previous ruling.
THE GHUSL FOR TOUCHING A CORPSE (MASS AL-MAYYIT)
Ruling 510. If someone touches - i.e. makes part of his body come into contact with - the body of a dead person aer it has become cold but before it has been given ghusl, he must perform the ghusl for touching a corpse, irrespective of whether he touches it while he is asleep or awake, voluntarily or involuntarily. Even if one’s nail or bone touches a nail or bone of the corpse, he must perform this ghusl. However, if one touches a dead animal, then performing ghusl is not obligatory on him.
Ruling 511. Performing this ghusl is not obligatory for touching a deceased person whose entire body has not yet become cold, even if one touches a part that has become cold.
Ruling 512. If a person makes his hair touch a corpse, or if he makes his body touch the hair of a corpse, or if he makes his hair touch the hair of a corpse, then performing this ghusl is not obligatory on him.
Ruling 513. If a child is stillborn, then based on obligatory precaution, its mother must perform this ghusl; and if the mother dies, then based on obligatory precaution, the child must perform this ghusl before reaching the age of legal responsibility.
Ruling 514. If a person touches a corpse that has been given the three ghusls49 completely, then performing this ghusl does not become obligatory on him. However, if one touches part of a corpse before the completion of the third ghusl, then even if that
49 See Ruling 538. 128 particular part of the corpse has been given the third ghusl, he must perform the ghusl for touching a corpse.
Ruling 515. If an insane person or a child who has not reached the age of legal responsibility touches a corpse, then aer the insane person becomes sane or the child reaches the age of legal responsibility, he must perform the ghusl for touching a corpse; and if the child is mumayyiz [and performs this ghusl], his ghusl is valid.
Ruling 516. If part of the body of a living person, or part of the body of a dead person who has not been given ghusl, becomes separated and one touches it before it is given ghusl, it is not necessary for him to perform the ghusl for touching a corpse, even if the separated part contains a bone. However, if a corpse is cut into pieces and one touches all or most of them, then this ghusl becomes obligatory.
Ruling 517. Performing this ghusl is not obligatory for touching a bone that has not been given ghusl and which has separated from a dead or a living person. Similarly, [performing this ghusl is not obligatory] for touching a tooth that has separated from a dead or a living person.
Ruling 518. e ghusl for touching a corpse is like the ghusl for janābah, and it suffices in place of wuḍūʾ.
Ruling 519. If a person touches a number of corpses, or if a person touches one corpse a number of times, then performing one ghusl is sufficient.
Ruling 520. ere is no problem for someone who has touched a corpse but has not performed the ghusl for touching a corpse to stay in a mosque, or to have sexual intercourse with his wife, or to recite verses of the r’an that contain an obligatory sajdah.50 However, for prayers and suchlike, he must perform ghusl.
50 ese verses are mentioned in the fih part of the list mentioned in Ruling 354. 129 LAWS RELATING TO A DYING PERSON (MUḤTAḌAR)
Ruling 521. Based on obligatory precaution, a believer who is dying - i.e. breathing his last breaths - must be laid on his back, if possible, and in a way that the soles of his feet face qibla, whether the believer is male or female, an adult or a child.
Ruling 522. It is beer that until the ghusl given to a corpse has not been completely performed, a dying person should be laid in the manner mentioned in the previous ruling [with the soles of his feet] facing qibla. And aer a corpse has been given ghusl, it is beer to lay it in the same position as it will be when people perform ṣalāt al-mayyit for it.
Ruling 523. Based on obligatory precaution, laying a dying person in a way that the soles of his feet face qibla is obligatory on every Muslim; and in the event that Muslims know that the dying person consents [to being laid like this] and he is not incapacitated, it is not necessary to obtain permission from his guardian (walī) [to lay him like this]; otherwise [if he is incapacitated], then based on obligatory precaution, it is necessary to obtain permission from his guardian.
Ruling 524. It is recommended to perform talqīn51 on a dying person with the shahādatayn (two testimonies),52 the avowal (iqrār) of the Twelve Imams (ʿA), and other rightful beliefs of the faith in a manner that he understands. It is also recommended that the aforementioned things be repeated until the time of death.
Ruling 525. It is recommended that this duʿāʾ be impressed upon the dying person in a manner that he understands:
َ ْ ْ َ ْ َ َ َّ َ َ َ ْ َ ْ ّ َ ْ َ َ ْ َ َ َ َ َ َّ ْ َ ُ ْ َ َ َ اﻢﻬﻠﻟ اﻏ ِﻔﺮ ِﻲﻟ اﻟﻜ ِﺜﺮﻴ ِﻣﻦ ﻣﻌ ِﺎﺻﻴﻚ، و اﻗﺒﻞ ِﻣ ِﻲﻨ اﻟﻴ ِﺴﺮﻴ ِﻣﻦ ﻃﺎﻋ ِﺘﻚ، ﻳﺎ ﻣﻦ ﻓﻘﺒﻞ اﻟﻴ ِﺴﺮﻴ و 51 Talqīn refers to impressing principle beliefs upon a dying person or to a corpse. 52 As explained in Ruling 205, ‘the two testimonies’ refers to testifying to the oneness of Allah and to the prophethood of Prophet Muḥammad (Ṣ). 130 َ ْ ُ َ ْ َ ْ َ ْ ّ َ ْ َ َ َ ْ ُ َ ّ َ ْ َ َ َّ َ ْ َ ْ َ ُ ُّ ْ َ ُ ُ َ ْ َ ْ ﻓﻌﻔﻮ ﻋ ِﻦ اﻟﻜ ِﺜ ِﺮﻴ، ِاﻗﺒﻞ ِﻣ ِﻲﻨ اﻟﻴ ِﺴﺮﻴ و اﻗﻒ ﻋ ِﻲﻨ اﻟﻜ ِﺜﺮﻴ، إﻧﻚ أﻧﺖ اﻟﻌﻔﻮ اﻟﻐﻔﻮر، اﻢﻬﻠﻟ ارﻤﺣ ِﻲﻨ َ َّ َ َ ٌ ﻓﺈﻧﻚ ر ِﺣﻴﻢ allāhummagh fir liyal kathīra mim maʿāṣīk, waqbal minnīyal yasīra min ṭāʿatik, yā may yaqbalul yasīra wa yaʿū ʿanil kathīr, iqbal minnīyal yasīra waʿfu ʿannīyal kathīr, innaka antal ʿafuwwul ghaūr, allāhummar ḥamnī fẚinnaka raḥīm. O Allah! Pardon the many times I have disobeyed You, and accept the few instances when I have obeyed You. O You Who accept the few and pardon the many! Accept from me what are few and pardon me for the many. Indeed You are the All-Pardoning, the All-Forgiving. O Allah! Have mercy on me, for You are the Ever-Merciful.
Ruling 526. If someone is experiencing a painful death, it is recommended for him to be taken to the place where he used to perform prayers, as long as this does not upset him.
Ruling 527. In order to comfort a dying person, it is recommended to recite at his side the blessed surahs of Yāsīn,53 al-Ṣāfāt,54 and al-Aḥzāb;55 and to recite Āyat al-Kursī,56 verse fiy-four of Surat al-Aʿrāf,57 and the last three verses of Surat al-Baqarah.58 In fact, [it is recommended] to recite as much of the r’an as possible.
Ruling 528. It is disapproved to leave a dying person alone, to place a weighty object on his stomach, to be junub or ḥāʾiḍ near him, to talk excessively near him, to cry near him, or to leave women alone next to him.
LAWS RELATING TO AFTER DEATH
Ruling 529. Aer someone has died, it is recommended to close his lips, eyes, and mouth, to straighten his hands and legs, and
53 Chapter 36 of the r’an. 54 Chapter 37 of the r’an. 55 Chapter 33 of the r’an. 56 Verse 255 of Chapter 2 of the r’an. 57 Chapter 7 of the r’an. 58 Chapter 2 of the r’an. 131 to cover him with a piece of cloth. If someone dies at night, [it is recommended] to keep the place where he died lighted, to inform the believers about the funeral, and to hasten in burying his body. However, if his death is not certain, people must wait until it is certain. Furthermore, if the deceased is a pregnant woman and the child in her womb is alive, the burial must be delayed so that the woman’s stomach can be cut open, the baby removed, and the woman’s stomach stitched up.
THE OBLIGATION TO GIVE GHUSL, SHROUD (TAKFĪN), PRAY OVER, CAMPHORATE (TAḤNĪṬ), AND BURY (DAFN)
Ruling 530. It is obligatory on the guardian of a Muslim who has died to give him ghusl and to camphorate, shroud, perform prayers over, and bury him, even if the deceased is not a Twelver (Ithnā ‘Asharī) Shia. e guardian must either do these things himself or instruct someone else to do them; and in the event that someone else does these things with the permission of the guardian, the responsibility is lied from the guardian. In fact, even if the burial and suchlike is carried out without the permission of the guardian, the responsibility is still lied from him and there is no need to repeat those things. If the deceased does not have a guardian or the guardian refuses to do those things, then it is obligatory on every mukallaf to do them as a collective obligation (al-wājib al-kiāʾī), meaning that if someone or some people do those things, the responsibility is lied from everyone else, and in the event that no one does them, then everyone will have commied a sin. In case the guardian refuses [to do those things or instruct someone else to do them], it is not necessary to obtain his permission.
Ruling 531. If a person is engaged in aending to the duties relating to a deceased person, it is not obligatory on others to start doing them. However, if the person leaves the duties half-finished, then others must complete them.
Ruling 532. If a person is certain that others are engaged in aending to the duties relating to a deceased person, it is not obligatory on him to start doing those things. However, if one
132 doubts or merely supposes [that others are engaged in aending to those duties], then he must start doing them.
Ruling 533. If someone knows that the ghusl, shrouding, prayers, or burial of a deceased person has been performed incorrectly, he must perform that act again. However, if one merely supposes that it was incorrect or doubts whether it was correct or not, then it is not necessary for him to perform it again.
Ruling 534. e guardian of a woman is her husband. In other cases, the guardian of a deceased person is the heir in accordance with the order of the tiers of inheritance, which will be mentioned later. In each tier, men take precedence over women; however, there is a problem [i.e. it is not correct, based on obligatory precaution] to consider [certain members of the family as having precedence over others, such as] the father of the deceased over the deceased’s son; his paternal grandfather over his brother; his brother over his paternal half-brother only or over his maternal half-brother only; his paternal half-brother over his maternal half-brother; and his paternal uncle over his maternal uncle. erefore, in these cases, the necessity of observing precaution must not be abandoned [i.e. based on obligatory precaution, one must not consider these as being valid instances of precedence]. Furthermore, if there are a number of guardians, the permission of one of them suffices.
Ruling 535. A child who is not bāligh and an insane person cannot be the guardian of a deceased person. Similarly, a person who is absent and cannot personally undertake the duties or instruct someone else to do them cannot be a guardian.
Ruling 536. If someone says he is the guardian of a deceased person or that the guardian of the deceased has given him permission to give ghusl, shroud, and bury the deceased, or, if with regard to preparing the corpse he says that he is his executor (waṣī), then, in the event that one is confident that what he says is the truth, or the deceased’s body is at his disposal, or two just people testify to the veracity of what he says, his word must be accepted.
133 Ruling 537. If a deceased person had specified someone other than his guardian to perform his ghusl, shrouding, burial, and prayers, then the responsibility of performing these duties lies with the appointed person. It is not necessary for the person whom the deceased has requested to personally undertake performing the duties, to accept the request; however, if he does accept, he must perform those duties.
METHOD OF PERFORMING THE GHUSL GIVEN TO A CORPSE (MAYYIT)
Ruling 538. It is obligatory to give a corpse three ghusls in the following order:
1. a ghusl with water that has been mixed with lote tree (sidr) leaves; 2. a ghusl with water that has been mixed with camphor (kāūr); 3. a ghusl with ordinary water.
Ruling 539. e amount of sidr leaves and camphor in the water must not be so great that they turn the water into mixed (muḍāf) water, and neither must the amount be so lile that it cannot be said that sidr leaves and camphor have been mixed in the water.
Ruling 540. If the necessary amount of sidr leaves and camphor cannot be found, then based on recommended precaution, the amount that one has access to should be mixed in the water.
Ruling 541. If someone dies in the state of iḥrām, he must not be given ghusl with camphor water; instead, he must be given ghusl with ordinary water, unless he was in the state of iḥrām for ḥajj al-tamauʿ59 and he had completed the ṭawāf,60 its prayer, and saʿy;61 59 Ḥajj al-tamauʿ is the pilgrimage to Mecca performed by Muslims who reside further than 88 kilometres from Mecca. 60 Ṭawāf refers to the circumambulation of the Kaʿbah. 61 Saʿy refers to the hajj ritual of traversing to and from the mountains of Ṣaā and Marwah. 134 or, if he was in the state of iḥrām for ḥajj al-qirān or ḥajj al-ifrād62 and he had performed ḥalq;63 in these two cases, he must be given ghusl with camphor water.
Ruling 542. If sidr leaves and camphor, or one of them, cannot be found, or, if using them is not permied - for example, they are usurped - then based on obligatory precaution, a person must perform one tayammum on the deceased; and in place of whichever one was not possible [i.e. in place of the sidr leaves and/or camphor that could not be found or was not permied to use], ghusl must be given with ordinary water.
Ruling 543. One who gives ghusl to a corpse must be sane, Muslim, and, based on obligatory precaution, a Twelver (Ithnā ʿĀsharī) Shia; furthermore, he must know the rulings of ghusl. If a mumayyiz child performs ghusl correctly, it is acceptable [for him to perform the ghusl]. And in the event that the deceased is not a Twelver Shia and someone from the deceased’s religious denomination (madhhab) gives him ghusl - albeit according to the laws of his denomination - the responsibility is lied from Twelver believers unless a Twelver believer is the guardian of the deceased, in which case the responsibility is not lied from him.
Ruling 544. One who gives ghusl to a corpse must have the intention of aaining proximity to Allah, and it is sufficient if he has an intention to follow the command of Allah.
Ruling 545. Giving ghusl to a Muslim child is obligatory even if the child is of illegitimate birth. Giving ghusl , shrouding, and burying a disbeliever and his children is not obligatory; however, if the child of a disbeliever is mumayyiz and expresses belief in Islam, he is a believer. As for someone who was insane from childhood and reached the age of legal responsibility while he was insane, in the event that his father or his mother is Muslim, he must be given ghusl. 62 ese are two types of pilgrimage to Mecca performed by Muslims who reside within 88 kilometres of Mecca. 63 Ḥalq is the shaving of the head performed by men as part of the hajj rituals. 135 Ruling 546. A miscarried child of four months or more must be given ghusl. In fact, based on obligatory precaution, even a miscarried child of less than four months whose body formation is complete must be given ghusl. In cases other than these two, based on obligatory precaution, one must wrap the child in cloth and bury it without giving it ghusl.
Ruling 547. A man cannot give ghusl to a woman who is not his maḥram; and similarly, a woman cannot give ghusl to man who is not her maḥram. A husband and wife can give ghusl to one another.
Ruling 548. A man can give ghusl to a young girl who cannot discern between right and wrong; and a woman can give ghusl to a young boy who cannot discern between right and wrong.
Ruling 549. ose who are maḥram can give ghusl to one another, whether they are maḥram by relation - for example, a mother and a sister - or by way of suckling, or by marriage. Except for the private parts of a corpse, it is not necessary [to cover it and] give it ghusl from under the cover, although it is beer to do so. However, based on obligatory precaution, a man can only give ghusl to a maḥram woman when he cannot find a woman who can give ghusl to her, and vice versa [i.e. a woman can only give ghusl to a maḥram man when she cannot find a man who can give ghusl to him].
Ruling 550. If a corpse and the person giving ghusl to it are both male, or if both are female, it is permied for the corpse to be naked, except for the private parts. However, it is beer to give it ghusl from under a cover.
Ruling 551. Looking at the private parts of a corpse is unlawful, except in the case of a husband and wife; and if the person who is giving ghusl looks [at the private parts], he commits a sin but the ghusl does not become invalid.
Ruling 552. If there is an intrinsic impurity on any part of a corpse, it must be removed before ghusl is given to that part; and it
136 is beer to remove impurities from the entire body before starting the ghusl.
Ruling 553. [e method of performing] the ghusl given to a corpse is the same as that of the ghusl for janābah; and the obligatory precaution is that one must not give a corpse immersive ghusl if it is possible to give it sequential ghusl, and if sequential ghusl is given, the right side must be washed before the le side.
Ruling 554. If someone dies while in the state of ḥayḍ or janābah, it is not necessary to give that person the ghusl for ḥayḍ or the ghusl for janābah; rather, the ghusl given to a corpse will suffice.
Ruling 555. Based on obligatory precaution, it is unlawful to take a fee for giving ghusl to a corpse; and if someone gives ghusl to a corpse with the intention of earning a fee such that it conflicts with him having an intention of aaining proximity to Allah, the ghusl is invalid. However, it is not unlawful to take a fee for preliminary maers relating to giving ghusl [such as geing the three types of water ready].
Ruling 556. Giving jabīrah ghusl to a corpse has not been sanctioned in Islamic law (i.e. it is not mashrūʿ). Furthermore, if one does not find water or if there is an obstacle to using water, he must perform one tayammum on the corpse instead of giving it ghusl, and the recommended precaution is to perform three tayammums on it.
Ruling 557. Someone who performs tayammum on a corpse must strike his own palms on the earth, and then wipe them on the face and on the back of the hands of the corpse; and if it is possible, the recommended precaution is to perform tayammum using the hands of the corpse.
LAWS OF SHROUDING (TAKFĪN) A CORPSE
Ruling 558. e body of a dead Muslim must be shrouded with three pieces of cloth: a loincloth, a shirt, and a full cover.
137 Ruling 559. Based on obligatory precaution, the loincloth must cover the area from the navel to the knees; and it is beer that it covers the area from the chest to over the feet. Furthermore, based on obligatory precaution, the shirt must cover the area from the top of the shoulders to the middle of the calf; and it is beer that it reaches over the feet. As for the full cover, this must be long enough to cover the entire body; and the obligatory precaution is that its length must be long enough for both ends to be tied, and that its width must be wide enough for one side to overlap the other.
Ruling 560. e obligatory quantity of the shroud (kafan) mentioned in the previous ruling must be taken from the estate of the deceased. In fact, even the recommended quantity of the kafan - up to a limit that is common and normal, and taking into consideration the status of the deceased - can also be taken from the estate of the deceased. However, in case the deceased’s heir is not bāligh, the recommended precaution is that one should not take more than the obligatory quantity of the kafan from the estate.
Ruling 561. If someone makes a will stipulating that the recommended amount of his kafan should be paid for from the one-third of his estate,64 or, if he makes a will that one-third of his estate should be spent on himself but does not specify how it should be spent, or he specifies how only part of it should be spent, in these cases, the recommended quantity of the kafan can be taken from the one-third of his estate, even if the quantity is more than the amount that is commonly used.
Ruling 562. If a deceased person has not made a will stipulating that the cost of his kafan must be taken from the one-third of his estate, and if one wants to take it out from his estate, he must not take more than what was mentioned in Ruling 560. For example, the recommended quantity of the kafan must not be taken from the deceased’s estate in an amount that is uncommon and more than what is appropriate to the deceased’s status. Similarly, if one pays 64 is refers to the maximum amount of one’s estate over which he has discretion in a will for it to be disposed of in accordance with his wishes aer his death. 138 more than the usual price for the kafan, he must not pay the extra amount from the deceased’s estate. However, if one has permission from the heirs who are bāligh, he can pay for it from their share.
Ruling 563. It is the responsibility of the husband to provide the kafan for his wife, even if she has her own wealth. Similarly, if a woman is given a revocable divorce (ṭalāq rijʿī) - which will be explained in the section on the rules of divorce - and she dies before the expiry of her prescribed waiting period (ʿiddah), her husband must provide the kafan for her. In the event that her husband is not bāligh or he is insane, the guardian of the husband must provide the wife’s kafan from the husband’s estate.
Ruling 564. Providing the kafan for a deceased person is not obligatory on his relatives, even if it was obligatory on them to pay for his living expenses while he was alive.
Ruling 565. If a deceased person does not have an estate from which his kafan can be purchased, it is not permied to bury him naked; rather, based on an obligatory precaution, it is obligatory on the Muslims [who come to know about this] to shroud him; and it is permied to pay for the kafan from alms tax (zakat).
Ruling 566. e obligatory precaution is that each of the three pieces of the kafan must not be so thin that the corpse can be seen through it. However, if the pieces are such that all three of them together prevent the corpse from being seen, it will suffice.
Ruling 567. It is not permied to shroud a corpse with something that has been usurped even if nothing else can be procured; and in the event that the kafan of a corpse has been usurped and the owner does not consent, it must be removed from the corpse even if it has already been buried, except in a few cases, but space does not allow for the details of these cases to be mentioned here.
Ruling 568. It is not permied to shroud a corpse with anything impure or with pure silk cloth; and based on obligatory precaution,
139 [it is not permied to shroud a corpse] with a cloth that has been woven with gold. However, there is no problem in using these if no other option is available.
Ruling 569. It is not permied to shroud a corpse with the hide of an impure carcass when other options are available. Similarly, based on obligatory precaution, shrouding with the hide of a pure carcass and with cloth made of the wool or fur of an animal whose meat is unlawful to eat is also not permied when there are other options available. However, there is no problem if the kafan is made of the fur or wool of an animal whose meat is lawful to eat, although the recommended precaution is that a corpse should not be shrouded with either of these.
Ruling 570. If the kafan of a corpse becomes impure with an impurity - irrespective of whether the impurity was from the corpse itself or from something else - in the event that the kafan would not be destroyed, the impure part must be washed or cut out even if this takes place aer the corpse has been placed in the grave; and if washing or cuing it out is not possible but it is possible to replace the kafan, then it must be replaced.
Ruling 571. If someone in the state of iḥrām for hajj or ʿumrah dies, he must be shrouded in the same manner as other people [who die while not in the state of iḥrām]; and there is no problem in covering his head and face.
Ruling 572. It is recommended that while someone is healthy, he should prepare his kafan, sidr leaves, and camphor.
LAWS OF CAMPHORATING (TAḤNĪṬ) A CORPSE
Ruling 573. Aer ghusl has been given to a corpse, it is obligatory to camphorate it - i.e. to apply camphor on its forehead, palms, knees, and the tips of the big toes - such that a lile of the camphor remains on them even if by means other than rubbing. It is recommended that camphor also be applied to the tip of the nose
140 of the corpse. e camphor must be powdered, fresh, and mubāḥ (not usurped); and if it has lost its fragrance on account of it being old, it will not suffice.
Ruling 574. e recommended precaution is that camphor should be first applied to the forehead of the corpse; thereaer, there is no particular order in applying camphor to the other parts of the body.
Ruling 575. It is beer that camphorating takes place before shrouding, although there is no problem in doing it during or aer shrouding.
Ruling 576. If someone dies while in the state of iḥrām for ʿumrah or hajj, it is not permied to camphorate his body except in the case mentioned in Ruling 541.
Ruling 577. Although applying perfume is unlawful for someone engaged in a spiritual retreat (iʿtikāf)65 and for a woman whose ʿiddah has not yet finished following the death of her husband, when such a person dies, it is obligatory to camphorate his or her body.
Ruling 578. e recommended precaution is that a corpse should not be perfumed with musk, ambergris (ʿanbar), aloes-wood (ʿud) and other fragrances, and nor should these be mixed with the camphor.
Ruling 579. It is recommended to mix some turbah from the grave of His Eminence al-Sayyid al-Shuhadāʾ [Imam al-Ḥusayn] (ʿA) with the camphor. However, the camphor must not be applied to places on the body that would cause disrespect to that earth. Furthermore, the amount of turbah should not be so great that when it is mixed with the camphor, it can no longer be called ‘camphor’.
Ruling 580. If camphor cannot be procured, or if the quantity that 65 Iʿtikāf refers to the act of staying in a mosque under particular conditions with the intention of worshipping Allah. "e laws of iʿtikāf are stated in Chapter 5. 141 can be procured is sufficient only for ghusl, then camphorating is not necessary; and in the event that aer ghusl an amount of camphor is le over but it is not sufficient for it to be applied to all seven parts of the body, then based on recommended precaution, it must first be applied to the forehead and then to the other parts if any is le over.
Ruling 581. It is recommended to place two freshly cut twigs in the grave with the corpse.
LAWS OF THE FUNERAL PRAYER (ṢALĀT AL- MAYYIT)
Ruling 582. It is obligatory to perform ṣalāt al-mayyit for a Muslim who has died, and for every child who is considered to be a Muslim and who has completed six years of age.
Ruling 583. Based on obligatory precaution, it is necessary to perform ṣalāt al-mayyit for a child who has not completed six years of age but who could understand prayers; and if the child could not understand prayers, there is no problem in performing the prayer with the intention of rajāʾ [i.e. with the intention of performing it in the hope that it is desired by Allah], ere is no recommendation to perform the prayer for a stillborn child.
Ruling 584. Ṣalāt al-mayyit must be performed aer giving ghusl, camphorating, and shrouding; and if it is performed before or while performing these - albeit forgetfully or on account of not knowing the ruling - it will not suffice.
Ruling 585. It is not necessary for someone who wants to perform ṣalāt al-mayyit to have wuḍūʾ, ghusl, or tayammum, or for his body and clothes to be pure. In fact even if his clothes are usurped there is no problem, although it is beer that he observes all the rules that apply to other prayers.
Ruling 586. e person who performs ṣalāt al-mayyit must face
142 qibla. It is also obligatory to place the corpse in a way that it lies on its back in front of the person performing the prayer with its head on the person’s right hand side and its feet on his le.
Ruling 587. e place where one performs the prayers must not be higher or lower than the corpse; being a lile higher or lower, however, is not a problem. e recommended precaution is that the place where the prayers are being performed should not be usurped.
Ruling 588. e person performing the prayer must not be far away from the corpse. However, there is no problem in him being far away if the prayer is performed in congregation and the rows are connected to one another.
Ruling 589. e person performing the prayer must stand with the corpse in front of him. However, if the prayer is being performed in congregation, there is no problem if some of the people do not stand in front of the corpse.
Ruling 590. ere must not be a curtain, wall, or a similar thing between the corpse and the one performing the prayer. However, there is no problem if the corpse is in a coffin or something similar.
Ruling 591. During the prayer, the private parts of the corpse must be covered; and if it has not been possible to shroud the corpse, the private parts must still be covered, albeit with a board, brick, or something similar.
Ruling 592. Ṣalāt al-mayyit must be performed while standing and with the intention of aaining proximity to Allah; and at the time of making the intention the corpse must be specified; for example, one makes the intention: ‘I am performing the prayer for this corpse qurbatan ilal lāh (to aain proximity to Allah)’. And the obligatory precaution is that the type of stillness of body that is required in the daily prayers must be observed [in this prayer as well].
143 Ruling 593. If there is no one who can perform ṣalāt al-mayyit while standing, it can be performed while siing.
Ruling 594. If the deceased person had made a will stipulating that a particular person must perform the prayer for him, it is not necessary for that nominated person to obtain permission from the guardian of the deceased, although it is beer that he does so.
Ruling 595. e opinion of some jurists is that it is disapproved to perform ṣalāt al-mayyit a number of times. However, this maer is not established, and if the deceased is a learned and God-wary person, there is no problem in considering it as not being disapproved.
Ruling 596. If a corpse is intentionally, forgetfully, or for some other reason buried without the prayer being performed for it, or, if aer burying a corpse it becomes known that the prayer performed for it was invalid, it is not permied to exhume the body in order to perform the prayer for it. However, there is no problem if before the body decomposes the prayer is performed at the grave-side with the intention of rajāʾ and while observing the conditions mentioned earlier for this prayer.
METHOD OF PERFORMING ṢALĀT AL-MAYYIT
Ruling 597. Ṣalāt al-mayyit has five takbīrs,66 and it is sufficient if one who is performing the prayer says five takblrs in the following manner:
Aer making the intention and saying the first takbīr he says: ْ َ ُ َّ ٰ َ َّ ُ َّ ُ َ َّ ً َّ ُ ُ أﺷﻬﺪ أن ﻻ إﻟﻪ إﻻ اﷲ َو أن ﺤﻣﻤﺪا رﺳﻮل ِاﷲ ashhadu al lā ilāha illal lāhu wa anna muḥammadar rasūlul lāh I testify that there is no god but Allah and that Muḥammad is the messenger of Allah.
Aer the second takbīr he says: 66 Takbīr is a proclamation of Allah’s greatness by saying ‘Allāhu akbar.’ 144 َ َ ّ َ َ ُ َ َّ َّ ُ َ َّ اﻢﻬﻠﻟ ﺻ ِﻞ ٰﺒﻟ ﺤﻣﻤ ٍﺪ و ِآل ﺤﻣﻤ ٍﺪ allāhumma ṣalli ʿalā muḥammdiw wa āli muḥammad O Allah! Bless Muḥammad and the progeny of Muḥammad.
Aer the third takbīr he says: َ ْ ْ ْ ُ ْ َ َ ْ ُ ْ َ اﻢﻬﻠﻟ اﻏ ِﻔﺮ ﻟِﻠﻤﺆ ِﻣ ِﻨﻦﻴ و اﻟﻤﺆ ِﻣﻨ ِﺎت allāhummagh fir lilmuʾminīna wal muʾmināt O Allah! Forgive the believers, men and women alike.
Aer the fourth takbīr, if the deceased is male, he says: َ ْ ْ ٰ َ ْ َ ّ اﻢﻬﻠﻟ اﻏ ِﻔﺮ ﻟِﻬﺬا اﻟﻤ ِﻴ ِﺖ allāhummagh fir lihādhal mayyit O Allah! Forgive this deceased man.
If the deceased is female, he says: َ ْ ْ ٰ َ ْ َ ّ َ اﻢﻬﻠﻟ اﻏ ِﻔﺮ ﻟِﻬﺬا اﻟﻤ ِﻴﺘ ِﺔ allāhummagh fir lihādhihil mayyitah O Allah! Forgive this deceased woman.
en he says the fih takbīr [to conclude the prayer].
It is beer that aer the first takbīr he says: ْ َ ُ ْ َّ ٰ َ َّ ُ ْ َ ُ َ َ َ َ ُ ْ َ ُ َّ ُ َ َّ ً َ ْ ُ ُ َ ُ ُ ُ ْ َ َ ُ ْ ّ َ ْ ً أﺷﻬﺪ أن ﻻ إ إﻻ اﷲ َوﺣﺪه ﻻ ﺮﺷﻳﻚ ، َو أﺷﻬﺪ أن ﺤﻣﻤﺪا ﻗﺒﺪه َو رﺳﻮ ، أرﺳﻠﻪ ﺑﺎﺤﻟَﻖ ﺑ ِﺸﺮﻴا م ِ ِ ِ َّ َ ً َ ْ َ َ َ َّ َ و ﻧ ِﺬﻳﺮا ﻧﻦﻴ ﻳﺪ ِي اﻟﺴﺎﻋ ِﺔ. ashhadu al lā ilāha illal lāhu waḥdahu lā sharīka lah, wa ashhadu anna muḥammadan ʿabduhu wa rasūluh, arsalahu bilḥaqqi bashīraw wa nadhīram bayna yadayis sāʿah I testify that there is no god but Allah, He alone, for whom there is no partner; and I testify that Muḥammad is His servant and His messenger, whom He sent with the truth as a giver of glad tidings and a warner before the advent of the Hour [i.e. the Day of Judgement.]
[And it is beer that] aer the second takbīr he says:
145 َ َ ّ َ َ ُ َ َّ َّ ُ َ َّ َ َ ْ َ َ ُ َ َّ َّ ُ َ َّ َ ْ َ ْ ُ َ َّ ً َّ َ ُ َ َّ اﻢﻬﻠﻟ ﺻ ِﻞ ٰﺒﻟ ﺤﻣﻤ ٍﺪ و ِآل ﺤﻣﻤ ٍﺪ، و ﺑ ِﺎرك ٰﺒﻟ ﺤﻣﻤ ٍﺪ و ِآل ﺤﻣﻤ ٍﺪ، و ارﺣﻢ ﺤﻣﻤﺪا و آل ﺤﻣﻤ ٍﺪ، َ ْ َ َ َ َّ ْ َ َ َ َ ْ َ َ َ َ َّ ْ َ َ َ ْ َ َ َ ْ َ َ َّ َ َ ٌ َّ ٌ َ َ ّ َ َ ﻛﺄﻓﻀﻞ ﻣﺎ ﺻﻠﻴﺖ و ﺑﺎرﻛﺖ و ﺗﺮﻤﺣﺖ ٰﺒﻟ إﺑﺮ ِاﻫﻴﻢ و ِآل إﺑﺮ ِاﻫﻴﻢ، إﻧﻚ ِﻤﺣﻴﺪ ِﺠﻣﻴﺪ، و ﺻﻞ ٰﺒﻟ ِ َم ِ َ ْ ْ َ َ ْ ُ ْ َ َ َ ُّ َ َ َ ّ ّ َ َ َ َ َّ َ ِﻤﺟ ِﻴﻊ اﻷﻧ ِﺒﻴ ِﺎء واﻟﻤﺮﺳ ِﻠﻦﻴ و اﻟﺸﻬﺪ ِاء و ِاﻟﺼ ِﺪ ِﻳﻘﻦﻴ و ِﻤﺟ ِﻴﻊ ِﻋﺒ ِﺎد ِاﷲ اﻟﺼ ِ ِﺎﺤﻟﻦﻴ allāhumma ṣalli ʿalā muḥammadiw wa āli muḥammad, wa bārik ʿalā muḥammadiw wa āli muḥammad, warḥam muḥammadaw wa ʿalā muḥammad, kaʾafḍali mā ṣallayta wa bārakta wa taraḥḥamta ʿalā ibrāhīma wa ālī ibrāhīm, innaka ḥamīdum majīd, wa ṣalli ʿalā jamīʿil ambiyāʾi wal mursalīna wash shuhadāʾi waṣ ṣiddīqīna wa jamīʿi ‘ibādil lāhiṣ ṣāliḥīn O Allah! Bless Muḥammad and the progeny of Muḥammad, and bestow Your bounty upon Muḥammad and the progeny of Muḥammad, and have mercy on Muḥammad and the progeny of Muḥammad, with the best blessing, bestowal of bounty, and mercy that You showered upon Ibrāhīm and the progeny of Ibrāhīm. Indeed, You are the All-Laudable, All-Glorious. Bless all the Prophets and Messengers and witnesses and the truthful and all Allah’s righteous servants.
[And it is beer that] aer the third takbīr he says: َ ْ ْ ْ ُ ْ َ َ ْ ُ ْ َ َ ْ ُ ْ َ َ ْ ُ ْ َ َ ْ ْ َ ْ ُ ْ َ ْ ْ َ َ ْ َ ْ َ اﻢﻬﻠﻟ اﻏ ِﻔﺮ ﻟِﻠﻤﺆ ِﻣ ِﻨﻦﻴ و اﻟﻤﺆ ِﻣﻨ ِﺎت و اﻟﻤﺴ ِﻠ ِﻤﻦﻴ و اﻟﻤﺴ ِﻠﻤ ِﺎت، اﻷﺣﻴ ِﺎء ِﻣﻨﻬﻢ واﻷﻣﻮ ِات، ﺗﺎﺑِﻊ ﺑﻴﻨﻨﺎ َ َ ْ َ ُ ْ ْ َ ْ َ َّ َ ُ ْ ُ َّ َ َ َّ َ َ َ ُ ّ َ ْ َ ْ ٌ و ﺑﻴﻨﻬﻢ ﺑِﺎﺨﻟﺮﻴ ِات، ِاﻧﻚ ِﺠﻣﻴﺐ ا ﻋﻮ ِات، ِاﻧﻚ ٰﺒﻟ ِﻞﻛ ٍء ﻗ ِﺪﻳﺮ allāhummagh fir lilmuʾminīna wal muʾmināti wal muslimīna wal muslimāt, alʾaḥyāʾi minhum wal amwāt, tābiʿ baynanā wa baynahum bilkhayrāt, innaka mujībud daʿawāt, innaka ʿalā kulli shayʾin qadīr O Allah! Forgive the believers, men and women alike, and the Muslims, men and women alike, the living among them and the dead. Shower us and them with blessings. Indeed, You are the Answerer of Supplications. Indeed, You are powerful over everything.
[And it is beer that] aer the fourth takbīr, if the deceased is male, he says: َ َّ ٰ َ َ ْ ُ َ َ ْ ُ َ ْ َ َ ْ ُ َ َ َ َ َ َ َ ْ َ َ ْ ُ َ ْ ُ َ ّٰ ُ َّ َّ َ َ ْ َ ُ اﻢﻬﻠﻟ إن ﻫﺬا ﻗﺒﺪك و اﻧﻦ ﻗﺒ ِﺪك و اﻧﻦ أﻣ ِﺘﻚ، ﻧﺰل ﺑِﻚ و أﻧﺖ ﺧﺮﻴ ﻣﺰﻨ ٍول ﺑِ ِﻪ، اﻟﻠﻬﻢ إﻧﺎ ﻻ ﻏﻌﻠﻢ
146 ْ ُ َّ َ ْ ً َ ْ َ ْ َ ُ َّ َ ْ َ َ ُ ْ ً َ ْ ْ ْ َ َ ْ َ َ ُ ْ ً َ َ َ َ ْ ِﻣﻨﻪ إﻻ ﺧﺮﻴا، و أﻧﺖ أﻋﻠﻢ ﺑِ ِﻪ ِﻣﻨﺎ، اﻢﻬﻠﻟ إن ﺎﻛن ﺤﻣ ِﺴﻨﺎ ﻓ ِﺰد ِﻰﻓ إﺣﺴﺎﻧِ ِﻪ، و إن ﺎﻛن ﻣ ِﺴﻴﺌﺎ ﻓﺘﺠﺎوز َ ْ ُ َ ْ ْ َ ُ َ ْ َ ْ ُ ْ َ َ ْ َ ّ ّ َ َ ْ ُ ْ َ َ َ ْ ْ َ ْ َ َ ْ َ ْ ُ ﻗﻨﻪ و اﻏ ِﻔﺮ ، اﻢﻬﻠﻟ اﺟﻌﻠﻪ ِﻋﻨﺪك ﻓِﻲ ٰأﺒﻟ ِﻋ ِﻠ ِﻴﻦﻴ، و اﺧﻠﻒ ٰﺒﻟ اﻫ ِﻠ ِﻪ ﻓِﻲ اﻟﻐﺎﺑِ ِﺮﻳﻦ، و ارﻤﺣﻪ َ ْ َ َ ْ َ َ َّ َ ﺑِﺮ ِﻤﺣ ِﺘﻚ ﻳﺎ أرﺣﻢ اﻟﺮ ِ ِاﻤﺣﻦﻴ allāhumma inna hādhā ʿabduka wabnu ʿabdik wabnu amatik, nazala bika wa anta khayru manzūlim bih, allāhumma innā lā naʿlamu minhu illā khayra, wa anta aʿlamu bihi minnā, allāhumma in kāna muḥsinan fazid ī iḥsānih, wa in kāna musīʾan fatajāwaz ʿanhu waghfir lahu, allāhummaj ʿalhu ʿindaka ī aʿlā ʿilliyyīn, wakh luf ʿalā ahlihi īl ghābirīn, warḥamhu biraḥmatika yā arḥamar rāhimīn O Allah! Indeed this is Your servant, son of Your servant, and son of Your maidservant. He has taken abode with You and You are the best of those who are taken abode with. O Allah! We do not know from him anything but good, and You are more knowing of him than we. O Allah! If he was benevolent then increase his benevolent deeds, and if he was sinful then overlook him [without punishing him] and forgive him. O Allah! Place him near You in the highest of the high ranks, and be his replacement for his family while they remain, and have mercy on him, by Your mercy, O Most Merciful!
en he says the fih takbīr [to conclude the prayer].
However, if the deceased is female, [it is beer that] aer the fourth takbīr he says: َ َّ ٰ َ ُ َ َ ْ َ ُ َ ْ َ َ ْ َ ُ َ َ َ َ َ ْ َ َ ْ َ َ ْ ُ َ ْ ُ َ ّٰ ُ َّ َّ َ اﻢﻬﻠﻟ إن ﻫ ِﺬهِ أﻣﺘﻚ و اﻧﻨﺔ ﻗﺒ ِﺪك و اﻧﻨﺔ أﻣ ِﺘﻚ، ﻧﺰﻟﺖ ﺑِﻚ و أﻧﺖ ﺧﺮﻴ ﻣﺰﻨ ٍول ﺑِ ِﻪ، اﻟﻠﻬﻢ إﻧﺎ ﻻ َ ْ َ ُ ْ َ َّ َ ْ ً َ ْ َ ْ َ ُ َ َّ َ ّٰ ُ َّ ْ َ َ ْ ُ ْ َ ً َ ْ ْ ْ َ َ َ ْ َ َ ْ ﻏﻌﻠﻢ ِﻣﻨﻬﺎ إﻻ ﺧﺮﻴا، و أﻧﺖ أﻋﻠﻢ ﺑِﻬﺎ ِﻣﻨﺎ، اﻟﻠﻬﻢ إن ﺎﻛﻧﺖ ﺤﻣ ِﺴﻨﺔ ﻓ ِﺰد ِﻰﻓ إﺣﺴﺎﻧِﻬﺎ، و إن ﺎﻛﻧﺖ ُ َ ًً َ َ َ َ ْ َ ْ َ َ ْ ْ َ َ َ ْ َ ْ َ ْ َ َ ْ َ ّ ّ َ َ ْ ُ ْ َ َ َ ْ َ ﻣ ِﺴﻴﺌﺔ ﻓﺘﺠﺎوز ﻗﻨﻬﺎ و اﻏ ِﻔﺮ ﻟﻬﺎ، اﻢﻬﻠﻟ اﺟﻌﻠﻬﺎ ِﻋﻨﺪك ﻓِﻲ ٰأﺒﻟ ِﻋ ِﻠ ِﻴﻦﻴ، و اﺧﻠﻒ ٰﺒﻟ اﻫ ِﻠﻬﺎ ﻓِﻲ َ َ َ ْ َ ْ َ َ ْ َ َ َ َ ْ َ َ َّ َ اﻟﻐﺎﺑِ ِﺮﻳﻦ، و ارﻤﺣﻬﺎ ﺑِﺮﻤﺣ ِﺘﻚ ﻳﺎ ارﺣﻢ اﻟﺮ ِ ِاﻤﺣﻦﻴ allāhumma inna hādhihi amatuka wabnatu ʿabdika wabnatu amatik, nazalat bika wa anta khayru manzūlim bih, allāhumma innā lā naʿlamu minhā illā khayra, wa anta aʿlamu bihā minnā, allāhumma in kānat muḥsinatan fazid ī iḥsānihā, wa in kānat musīʾatan fatajāwaz ‘anhā wagh fir lah, allāhummaj ʿalhā ʿindaka
147 ī aʿlā ʿilliyyīn, wakh luf ʿalā ahlihā īl ghābirīn, war ḥamhā biraḥmatika yā arḥamar rāhimīn O Allah! Indeed this is Your maidservant, daughter of Your servant, and daughter of Your maidservant. She has taken abode with You and You are the best of those who are taken abode with. O Allah! We do not know from her anything but good, and You are more knowing of her than we. O Allah! If she was benevolent then increase her benevolent deeds, and if she was sinful then overlook her [without punishing her] and forgive her. O Allah! Place her near You in the highest of the high ranks, and be her replacement for her family while they remain, and have mercy on her, by Your mercy, O Most Merciful!
Ruling 598. e takbīrs and duʿāʾs must be performed one aer another such that the prayer does not lose its form.
Ruling 599. Someone who performs ṣalāt al-mayyit in congregation must also perform the takbīrs and recite the duʿāʾs even if he is a follower in the prayer [as opposed to being the imam of the prayer].
RECOMMENDED (MUSTAḤABB) ACTS OF ṢALĀT AL-MAYYIT
Ruling 600. e following are recommended acts of ṣalāt al-mayyit:
1. the person performing the prayer should have wuḍūʾ, ghusl, or tayammum; and the recommended precaution is that he should perform tayammum only when it is not possible for him to perform wuḍūʾ or ghusl, or he fears that were he to perform wuḍūʾ or ghusl, he would not reach the prayer in time; 2. if the deceased is male, the imam of the congregation or the person who is performing the prayer on his own should stand and face the middle part of the corpse; and if the deceased is female, they should stand and face her chest;
148 3. performing the prayer bare-footed; 4. raising one’s hands for each takbīr; 5. the distance between the person who is performing the prayer and the corpse should be so lile that if wind were to blow any lose clothing that the person happened to be wearing, it would touch the coffin; 6. performing the prayer in congregation; 7. the imam of the congregation should say the takbīrs and duʿāʾs aloud, and those who are following him in the prayer should say them quietly; 8. if the prayer is being performed in congregation, the person following the imam should stand behind him even if he is the only one following the imam; 9. praying a lot for the deceased and for the believers; 10. if the prayer is being performed in congregation, ‘aṣṣalah’ should be said three times before commencing the prayer; 11. performing the prayer in a place where people go more oen for performing ṣalāt al-mayyit; 12. if a hffid woman wants to perform ṣalāt al-mayyit in congregation, she should stand alone and not in the rows with other people who are performing the prayer.
Ruling 601. Performing ṣalāt al-mayyit in mosques is disapproved; performing it in Masjid al-Ḥarām, however, is not disapproved.
LAWS OF BURIAL (DAFN)
Ruling 602. It is obligatory to bury a corpse in a manner that its smell does not come out and beasts of prey cannot dig it out; and if there is danger that an animal will dig it out, the grave must be strengthened with bricks or similar things.
Ruling 603. If it is not possible to bury a corpse in the ground, it can be placed in a building or in a coffin instead.
Ruling 604. A corpse must be laid in the grave on its right side in a way that the front of the body faces qibla.
149 Ruling 605. If someone dies on a ship, in the event that his corpse will not decompose and there is no problem with it being on the ship, the people must wait until the ship reaches land and then they must bury it in the ground; otherwise, the ghusl, camphorating, and shrouding must be performed on the corpse while it is on the ship; and aer performing ṣalāt al-mayyit, the corpse must be placed in a large barrel, its lid closed, and then the barrel must be thrown into the sea; or, a heavy object must be tied to the feet of the corpse and then it must be thrown into the sea. If possible, the corpse must be thrown in a place where it will not immediately become food for animals.
Ruling 606. In case there is danger that an enemy will dig up the grave of a deceased person, exhume the body, and cut off its ears, nose, or some other part, then in the event that it is possible to do so, the body must be thrown into the sea in the way mentioned in the previous ruling.
Ruling 607. If necessary, the expenses of throwing a corpse into the sea and of strengthening the grave can be taken from the deceased’s estate.
Ruling 608. If a [pregnant] disbelieving woman dies and the baby in her womb has died, in the event that the father of the child is a Muslim, the woman must be laid on her le side with her back facing qibla so that the front of the baby faces qibla. e same applies, based on recommended precaution, if the spirit (rūḥ) has not yet entered the foetus.
Ruling 609. It is not permied to bury a Muslim in the graveyard of disbelievers, or to bury a disbeliever in the graveyard of Muslims.
Ruling 610. It is not permied to bury a Muslim in a place that is disrespectful to him, such as a place where rubbish and dirt are thrown.
Ruling 611. It is not permied to bury a corpse in a place that
150 is usurped, or in the ground of a place like a mosque that has been endowed (waqf) for purposes other than burial if it causes damage or inconvenience to the endowment. In fact, the same applies, based on obligatory precaution, even if it does not cause damage or inconvenience.
Ruling 612. It is not permied to exhume a grave in order for another corpse to be buried there, unless the grave is very old and the first corpse has completely decomposed.
Ruling 613. If a part of the corpse becomes separated - even if it is its hair, nail, or tooth - it must be buried with the body; and in the event that the separated part is found aer the body has been buried, then based on obligatory precaution - even if it is its hair, nail, or tooth - it must be buried in a different place. Furthermore, it is recommended to bury nails and teeth that separated from one’s body when he was alive.
Ruling 614. If someone dies in a well and it is not possible to bring him out of it, the well must be sealed and it will be considered to be his grave.
Ruling 615. If a child dies in its mother’s womb and were it to remain in the womb it would be dangerous for the mother, it must be taken out in the easiest way possible; and there is no problem if one is compelled to cut it into pieces. Furthermore, if her husband is skilled [in this maer], he must take the child out; and if this is not possible, a woman who is skilled [in this maer] must take it out. e mother can also refer this maer to someone who can beer perform this task and who is more suited to her condition, even if that person is not her maḥram.
Ruling 616. Whenever a woman dies with a living child in her womb, if there is hope in the child surviving - albeit for a short period of time - then the woman must be cut open from wherever it is best suited for the health of the child, and the child must be taken out, and then the mother’s body must be stitched up. However, if
151 one knows or is confident that if this is done the child will die, then it is not permied.
RECOMMENDED (MUSTAḤABB) ACTS OF BURIAL (DAFN)
Ruling 617. e following are recommended acts of burial:
1. the depth of the grave should be equal to the height of an average person; 2. the corpse should be buried in the nearest graveyard unless a further graveyard is beer for some reason; for example, righteous people are buried there, or because people visit there more oen to recite Surat al-Fātiḥah etc. for those buried there; 3. the corpse should be placed on the ground at a short distance from the grave and be taken slowly towards the grave in three stages; and at each stage, the corpse should be placed on the ground and then lied up; and the fourth time the corpse is put down should be when it is lowered into the grave; 4. if the deceased is male, then on the third time the corpse is put down, it should be placed on the ground in a way that the head is at the feet end of the grave; and on the fourth time, it should be lowered into the grave head-first. If the deceased is female, then on the third time the body should be placed at the side of the grave facing qibla and then lowered into the grave sideways; and a cloth should be held over the grave while it is being lowered into the grave; 5. the corpse should be taken out of the coffin and lowered into the grave gently; 6. the recommended duʿāʾs should be recited before and during the burial; 7. aer the corpse has been placed in a niche in the side of the grave [as is done in some countries], the ties of the kafan should be unfastened, and the face of the corpse should be placed on soil, and an earthen headrest should be formed and placed under its head;
152 8. unbaked bricks or clods of earth should be placed behind the back of the corpse so that it does not come to lie flat on its back; 9. before the niche is covered, a person should hold the right shoulder of the corpse with his right hand, and firmly take its le shoulder with his le hand, and place his mouth near the ear of the corpse, and vigorously shake the corpse, and say three times:67 ْ َ ْ ْ َ ْ ْ َ ْ َ ___ ْ َ ْ ___ ِاﺳﻤﻊ ِاﻓﻬﻢ ( ِاﺳﻤ ِﻌﻲ ِاﻓﻬ ِﻤﻲ) ﻳﺎ اﻧﻦ (ﺑِﻨ ِﺖ) ismaʿ ifham (ismaʿī ifhamī) yā ___ ibna (binti) ___ Listen and understand, O ___ son (daughter) of ___.
In the blank spaces, one should say the name of the deceased person and the name of his father. For example, if his name is Muḥammad and his father’s name is ʿAlī, he should say three times: ْ َ ْ ْ َ ْ ُ َ َّ َ ْ َ َ ّ ِاﺳﻤﻊ ِاﻓﻬﻢ ﻳﺎ ﺤﻣﻤﺪ ﻧﻦ ﻋ ِﻠ ٍﻲ ismaʿ ifham yā muḥammadab na ʿalī Listen and understand, O Muḥammad son of ʿAlī.
en, he should say: َ ْ ْ َ ْ َ َ ْ َ ْ َّ َ َ ْ َ َ َ َ ْ َ َ َ ْ ْ َ َ َ ْ َّ ٰ َ َّ ُ َ ْ َ ُ َ ﻫﻞ أﻧﺖ (أﻧ ِﺖ) ﺒﻟ اﻟﻌﻬ ِﺪ ِا ي ﻓﺎرﻗﺘﻨﺎ (ﻓﺎرﻗ ِﺘﻨﺎ) ﻋﻠﻴ ِﻪ ِﻣﻦ ﺷﻬﺎد ِة أن ﻻ إ إﻻ اﷲ وﺣﺪه ﻻ َ َ َ ُ َ َّ ُ َ َّ ً َ َّ ُ َ َ ْ َ َ ْ ُ ُ َ َ ُ ُ ُ َ َ ّ ُ َّ ّ َ َ َ َ ُ ْ ُ ْ َ َ َ ِﺮﺷﻳﻚ ، و أن ﺤﻣﻤﺪا ﺻﻰﻠ اﷲ ﻋﻠﻴ ِﻪ و ِ ِآ ﻗﺒﺪه و رﺳﻮ و ﺳ ِﻴﺪ اﺠ ِﺒ ِﻴﻦﻴ و ﺧﺎﻳﻢ اﻟﻤﺮﺳ ِﻠﻦﻴ، و َّ َ ًّ ُ ْ ُ ْ َ َ َ ّ ُ ْ َ ّ َ َ َ ٌ ْ َ َ َ ُ َ َ َ ُ َ َ ْ َ َ َ َ َّ َْ َ َ َ أن ﻋ ِﻠﻴﺎ ِأﻣﺮﻴ اﻟﻤﺆ ِﻣ ِﻨﻦﻴ و ﺳ ِﻴﺪ اﻟﻮ ِﺻ ِﻴﻦﻴ و إﻣﺎم اﻓﺮﺘض اﷲ ﻃﺎﻗﺘﻪ ﺒﻟ اﻟﻌﺎﻟ ِﻤﻦﻴ، و أ ن اﺤﻟﺴﻦ و ْ ْ ُ َ ْ َ َ َ َّ ْ َ ُ َ ْ َ ُ َ َّ َ ْ َ َ ّ َ َ ْ َ َ ْ َ ُ َ َّ َ ُ َ ٰ ْ َ َ ْ َ َ َ َّ ْ َ اﺤﻟﺴﻦﻴ، و ﻋ ِﻲﻠ ﻧﻦ اﺤﻟﺴ ِﻦﻴ، و ﺤﻣﻤﺪ ﻧﻦ ﻋ ِ ٍﻲﻠ، و ﺟﻌﻔﺮ ﻧﻦ ﺤﻣﻤ ٍﺪ، و ﻣﻮ ﻧﻦ ﺟﻌﻔ ٍﺮ، وﻋ ِﻲﻠ ﻧﻦ ْ ْ ْ َ ْ َ ُ ٰ َ ُ َ َّ َ ْ َ َ ّ َ َ َّ ْ َ ُ َ َّ َ َ َ َ ْ َ َ ّ َ َ َ ُ َّ َ ْ َّ َ َ ُ ﻣﻮ ، و ﺤﻣﻤﺪ ﻧﻦ ﻋ ِ ٍﻲﻠ، و ﻋ ِﻲﻠ ﻧﻦ ﺤﻣﻤ ٍﺪ، و اﺤﻟﺴﻦ ﻧﻦ ﻋ ِ ٍﻲﻠ، و اﻟﻘﺂﺋِﻢ اﺤﻟﺠﺔ اﻟﻤﻬ ِﺪي، ﺻﻠﻮات َ َ ْ ْ َّ ُ ْ ُ ْ َ َ ُ َ ُ َ َ ْ َ ْ ْ َ َ َ َّ َ َ َّ ُ َ َّ ُ ُ ًم َ ِاﷲ ﻋﻠﻴ ِﻬﻢ أﺋِﻤﺔ اﻟﻤﺆ ِﻣ ِﻨﻦﻴ، و ﺣﺠﺞ ِاﷲ ﺒﻟ اﺨﻟﻠ ِﻖ أﻤﺟ ِﻌﻦﻴ، و أﺋِﻤﺘﻚ (أﺋِﻤﺘ ِﻚ) اﺋِﻤﺔ ﻫﺪى ﺑِﻚ ْ َ ٌ ___ ْ َ ْ ___ (ﺑِ ِﻚ) أﺑﺮار ﻳﺎ اﻧﻦ (ﺑِﻨ ِﺖ) hal anta (anti) ʿalal ʿahdil ladhī āraqtanā (āraqtinā) ʿalayhi min shahādati al lā ilāha illal lāhu waḥdahu lā sharīka lah, wa anna
67 In the following text, the words inside parentheses do not appear in the original work. ey have been added here to facilitate the speaker when the deceased is female. 153 muḥammadan ṣallal lāhu ʿalayhi wa ālihi ʿabduhu wa rasūluhu wa sayyidun nabiyyīna wa khātamul mursalīn, wa anna ʿaliyyan amīrul muʾminīna wa sayyidul waṣiyyīna wa imāmunif taraḍal lāhu ṭāʿatahu ʿalal ʿālamīn, wa annal ḥasana wal ḥusayn, wa ʿaliyyabnal ḥusayn, wa muḥammadabna ʿalī, wa jaʿfarabna muḥammad, wa mūsabna jaʿfar, wa ʿaliyyabna mūsā, wa muḥammadabna ʿalī, wa ʿaliyyabna muḥammad, wal ḥasanabna ʿalī, wal qāʾimal ḥujjatal mahdī, ṣalawātullāhi ʿalayhim aʾimmatul muʾminīn, wa ḥujajul lāhi ʿalal khalqi ajmaʿīn, wa aʾimmatuka (aʾimmatuki) aʾimmatu hudam bika (biki) abrāruy yā ___ ibna (binti) ___ Do you hold true to the covenant to which you held when you parted from us? Whereby you testify that there is no god but Allah, He alone, for whom there is no partner; that Muḥammad - may Allah bless him and his progeny - is His servant and His messenger and the foremost of all the Prophets and the seal of all the Messengers; that ʿAlī is the Commander of the Faithful and the master of all the successors and an Imam whose obedience Allah has made obligatory on the whole world; that al-Ḥasan, and al-Ḥusayn, and ʿAlī son of al-Ḥusayn, and Muḥammad son of ʿAlī, and Jaʿfar son of Muḥammad, and Mūsā son of Jaʿfar, and ʿAlī son of Mūsā, and Muḥammad son of ʿAlī, and ʿAlī son of Muḥammad, and al-Ḥasan son of ʿAlī, and the Upriser, the Proof, al-Mahdī - may Allah’s blessings be upon them all - are Imams of the faithful and Allah’s proofs over the whole of creation, and your Imams are Imams of guidance for you and are pious, O ___ son (daughter) of ___.
In the blank space, he should say the name of the deceased person and the name of his (her) father. en, he should say:
َ َ َ َ ْ َ َ َ ْ ُ َ َّ َ َ ُ َ ْ ْ ْ َ َ َ َ َ َ َ َ َ َ َ َ َ َ َ َ إِذا أﺗﺎك (أﺗ ِﺎك) اﻟﻤﻠﺎﻜ ِن اﻟﻤﻘﺮﺑ ِﺎن رﺳﻮﻟ ِﻦﻴ ِﻣﻦ ِﻋﻨ ِﺪ ِاﷲ ﻳﺒﺎرك و ﻳﻌ ٰﺎﻰﻟ، و ﺳﺌﻼك (ﺳﺌﻼ ِك) َ ْ َّ ّ َ َّ ّ َ َ ْ َ ّ َ َ ّ َ َ ْ َ َ َ ْ َ َ َ َ ﻗﻦ رﺑِﻚ (رﺑِ ِﻚ)، و ﻗﻦ ﻧ ِﺒ ِﻴﻚ (ﻧ ِﺒ ِﻴ ِﻚ)، و ﻗﻦ ِد ِﻳﻨﻚ ( ِد ِﻳﻨ ِﻚ)، و ﻗﻦ ِﻛﺘﺎﺑِﻚ ( ِﻛﺘﺎﺑِ ِﻚ)، و َ ْ ْ َ َ ْ َ َ َ ْ َّ َ َّ َ َ َ َ ْ َ َ َ َ َ ْ َ ْ َ ْ َ َ ﻗﻦ ﻗِﺒﻠ ِﺘﻚ (ﻗِﺒﻠ ِﺘ ِﻚ)، و ﻗﻦ أﺋِﻤ ِﺘﻚ (أﺋِﻤ ِﺘ ِﻚ)، ﻓﻼ ﺨﺗﻒ (ﺗﺨﺎﻓِﻲ)، و ﻻ ﺗﺤﺰن (ﺗﺤﺰ ِﻰﻳ)، و ُ ْ ُ َ َ َ ُ َ ّ َ ُ َ َّ ٌ َ َّ ُ َ َ ْ َ َ َ َّ ْ َ ّ َ ْ ْ َ ُ َ ﻗﻞ (ﻗ ِﻮ ) ﻓِﻲ ﺟﻮاﺑِ ِﻬﻤﺎ: اﷲ ر ِ ، و ﺤﻣﻤﺪ ﺻﻰﻠ اﷲ ﻋﻠﻴ ِﻪ و ِ ِآ و ﺳﻠﻢ ﻧ ِﺒ ِﻲﻴ، و اﻹﺳﻼم ِد ِﻳﻲﻨ، و
154 ْ ْ َ َ ْ ْ ُ ْ ُ َ َ ْ َ ُ ْ َ ُ ُ ْ َ َ ُّ ْ ُ َ َ َ َ َ ُ ْ ُ َ ّ اﻟﻘﺮآن ِﻛﺘﺎﺑِﻲ، و اﻟﻜﻌﺒﺔ ﻗِﺒﻠ ِﻲﺘ، و ِأﻣﺮﻴ اﻟﻤﺆ ِﻣ ِﻨﻦﻴ ﻋ ِﻲﻠ ﻧﻦ ِأ ﻃ ِﺎﻟ ٍﺐ إِﻣ ِﺎﻲﻣ، و اﺤﻟﺴﻦ اﻧﻦ ﻋ ِﻲﻠ ْ ْ َ ْ ٍ ُ ْ َ ٰ َ َ ُ َ ْ ُ ْ ُ َ ّ َّ ُ َ ْ َ َ َ َ َ ٌّ َ ْ ُ َ َ َ َ ُ َ َّ ٌ اﻟﻤﺠﺘ إِﻣ ِﺎﻲﻣ، و اﺤﻟﺴﻦﻴ اﻧﻦ ﻋ ِ ٍﻲﻠ اﻟﺸ ِﻬﻴﺪ ﺑِﻜﺮﺑﻼء إِﻣ ِﺎﻲﻣ، و ﻋ ِﻲﻠ زﻳﻦ اﻟﻌﺎﺑِ ِﺪﻳﻦ إِﻣ ِﺎﻲﻣ، و ﺤﻣﻤﺪ ْ ْ َ ْ َ ُ َ َ َ ْ َ ٌ َّ ُ َ َ ُ َ ُ َ َ َ ٌّ ّ َ َ َ ُ َ َّ ٌ َ َ ُ اﻛﺎﻗِﺮ إِﻣ ِﺎﻲﻣ، و ﺟﻌﻔﺮ اﻟﺼ ِﺎدق إِﻣ ِﺎﻲﻣ، و ﻣﻮ اﻟﺎﻜ ِﻇﻢ إِﻣ ِﺎﻲﻣ، وﻋ ِﻲﻠ ِاﻟﺮﺿﺎ إِﻣ ِﺎﻲﻣ، و ﺤﻣﻤﺪ اﺠﻟﻮاد ْ ْ ْ َ ْ ْ َ َ َ َ ٌّ َ َ َ َ َ ُ َ ْ ُّ َ َ ُ َّ ُ ُ ْ َ َ ُ َ ٰ ُ َ ٰ ُ إِﻣ ِﺎﻲﻣ، و ﻋ ِﻲﻠ اﻟﻬ ِﺎدي إِﻣ ِﺎﻲﻣ، و اﺤﻟﺴﻦ اﻟﻌﺴﻜ ِﺮي إِﻣ ِﺎﻲﻣ، و اﺤﻟﺠﺔ اﻟﻤﻨﺘﻈﺮ إِﻣ ِﺎﻲﻣ، ﻫﺆ ِﻵء ﺻﻠﻮت َّ ُ ْ َ َ َ ْ ْ َّ َ َ َ َ َ َ َ ُ َ َ ْ َ َ ٰ َ ْ ْ َ ْ َ َ َّ ُّ ْ َ َ َ ِاﷲ ﻋﻠﻴ ِﻬﻢ أﺋِﻤ ِﻲﺘ و ﺳﺎد ِ و ﻗﺎد ِ و ﺷﻔﻌ ِﺎ ، ﺑِ ِﻬﻢ أﺗﻮ و ِﻣﻦ أﻋﺪآﺋِ ِﻬﻢ أﻳﺮﺒأ ﻓِﻲ ا ﻏﻴﺎ و اﻷ ِﺧﺮ ِة، ُ َّ ْ َ ْ ْ َ ___ ْ َ ْ ___ ﻋﻢ اﻋﻠﻢ (اﻋﻠ ِﻤﻲ) ﻳﺎ اﻧﻦ (ﺑِﻨ ِﺖ) idhā atākal (atākil) malakānil muqarrabāni rasūlayni min ʿindillāhi tabāraka wa taʿālā, wa saʾalāka (saʾalāki) ʿan rabbika (rabbiki), wa ʿan nabiyyika (nabiyyiki), wa ʿan dīnika (dīniki), wa ʿan kitābika (kitābiki), wa ʿan qiblatika (qiblatiki), wa ʿan aʾimmatika (aʾimmatiki), falā takhāf (takhāī) wa lā taḥzan (taḥzanī), wa qul (qūlī) ī jawābihimā: allāhu rabbī, wa muḥammadun ṣallal lāhu ʿalayhi wa ālihi wa sallam nabiyyī, wal islāmu dīnī, wal qurʾānu kitābī, wal kaʿbatu qiblatī, wa amīrul muʾminīna ʿaliyyubnu abī ṭālib imāmī, wal ḥasanubnu ʿaliyyil mujtabā imāmī, wal ḥusaynubnu ʿaliyyinish shahīdu bikarbalāʾa imāmī, wa ʿaliyyun zaynul ʿābidīna imāmī, wa muḥammadunil bāqiru imāmī, wa jaʿfaruniṣ ṣādiqu imāmī, wa mūsal kāẓimu imāmī, wa ʿaliyyinir riḍā imāmī, wa muḥammadunil jawādu imāmī, wa ʿaliyyunil hādī imāmī, wal ḥasanul ʿaskariyyu imāmī, wal ḥujjatul muntaẓaru imāmī, hāʾulāʾi ṣalawātul lāhi ʿalayhim aʾimmatī wa sādatī wa qādatī wa shufaʿāʾī, bihim atawallā wa min aʿdāʾihim atabarraʾu īd dunyā wal ākhirah, thummaʿ lam (lamī) yā ___ ibna (binti) ___ When the two angels who are close [to Allah], come to you as messengers from Allah - the Blessed, the Exalted - and ask you about your Lord, your Prophet, your religion, your book, your qibla, and your Imams, then do not fear nor grieve, but say in response to them: Allah is my Lord, Muḥammad - may Allah’s blessing and peace be upon him and his progeny - is my Prophet, Islam is my religion, the r’an is my book, and the Kaʿbah is my qibla. e Commander of the Faithful ʿAlī ibn Abī Ṭālib is my Imam, al-Ḥasan al-Mujtaba is my Imam, al-Ḥusayn the Martyr of Karbalāʾ is my Imam, ʿAlī Zayn al-ʿĀbidīn is my Imam, Muḥammad al-Bāqir is my Imam, Jaʿfar al-Ṣādiq is my Imam, Mūsā al-Kāẓim is my Imam, ʿAlī al-Riḍā is my Imam, Muḥammad 155 al-Jawād is my Imam, ʿAlī al-Hādī is my Imam, al-Ḥasan al-ʿAskarī is my Imam, and al-Ḥujjah al-Muntaẓar is my Imam. All of them - may Allah’s blessings be upon them - are my Imams, my masters, my leaders, and my intercessors. I befriend only them and I have hatred only for their enemies in this world and the Hereaer. en know, O ___ son (daughter) of ___.
In the blank space, he should say the name of the deceased person and the name of his (her) father. en, he should say: َّ َ َ َ َ َ َ َ ْ َ ُّ َّ ُ َ َّ ً َ َّ ُ َ َ ْ َ َّ ْ ْ َ ُ ُ َّ َ أن اﷲ ﻳﺒﺎرك َو ﻳﻌ ٰﺎﻲﻟ ﻧِﻌﻢ َّاﻟﺮب، َو أن ﺤﻣﻤﺪا ﺻﻲﻠ اﷲ ﻋﻠﻴ ِﻪ َو ِ ِآ َو ﺳﻠﻢ ﻧِﻌﻢ َّاﻟﺮﺳﻮل، َو أن ﻋ َّﻲﻠ َ َ ِ ْ َ َ ْ َ َّ َ ْ َ َ ُ ْ َ ْ ُ َ ْ َّ ُ ْ ٰ َ َ َ ْ َ ْ َّ ُ َ َّ َ َ َ ُ َ َّ ٌ َ َّ اﻧﻦ ا ِ ﻃ ِﺎﻟ ٍﺐ و اوﻻده اﻟﻤﻌﺼ ِﻮﻣﻦﻴ اﻷﺋِﻤﺔ اﻹﺛﻰﻨ ﻋﺮﺸ ﻧِﻌﻢ اﻷﺋِﻤﺔ، و أن ﻣﺎﺟﺂء ﺑِ ِﻪ ﺤﻣﻤﺪ ﺻﻲﻠ ُ َ َ ْ َ َ َ َّ َ َ ٌّ َ َّ ْ َ ْ َ َ ٌّ َ ُ َ َ ُ ْ َ َّ َ ْ ْ َ ْ َ ٌّ َ ْ َ ْ َ اﷲ ﻋﻠﻴ ِﻪ و ِ ِآ و ﺳﻠﻢ ﺣﻖ، و أن اﻟﻤﻮت ﺣﻖ، و ﺳﺆال ﻣﻨﻜ ٍﺮ و ﻧ ِﻜ ٍﺮﻴ ﻓِﻲ اﻟﻘ ِﺮﺒ ﺣﻖ، و اﻛﻌﺚ َ ٌّ َ ُّ ُ َ َ ٌّ َ ّ َ َ َ ٌّ َ ْ َ َ َ ٌّ َ َ َ ُ َ ْ ُ ُ َ ٌّ َ َْ َّ َ َ ٌّ َ َّ َ ﺣﻖ، و اﻟﻨﺸﻮر ﺣﻖ، و ِاﻟﺮﺼاط ﺣﻖ، و اﻟ ِﻤﺰﻴان ﺣﻖ، وﻳﻄﺂﺋﺮ اﻟﻜﺘ ِﺐ ﺣﻖ، و اﺠﻟﻨﺔ ﺣﻖ، و اﺠﺎر َ ٌّ َ َّ َّ َ َ َ ٌ َّ َ ْ َ َ َ َّ َ َ ْ َ ُ َ ْ ْ ُ ُ ﺣﻖ، و أن اﻟﺴﺎﻋﺔ ِآﻳﻴﺔ ﻻ رﻳﺐ ِﻓﻴﻬﺎ، و أن اﷲ ﻓﺒﻌﺚ ﻣﻦ ﻓِﻲ اﻟﻘﺒ ِﻮر annal lāha tabāraka wa taʿālā niʿmar rabb, wa anna muḥammadan ṣallal lāhu ʿalayhi wa ālihi wa sallama niʿmar rasūl, wa anna ʿaliyyabna abī ṭālib wa awlādahul maʿsūmīnal ẚimmatal ithnā ʿashara niʿmal aʿimmah, wa anna mā jāʾa bihi muḥammadun ṣal- lal lāhu ʿalayhi wa ālihi wa sallama haqq, wa annal mawta haqq, wa suʾāla munkariw wa nakīrin fil qabri haqq, wal baʿtha haqq, wan nushūra haqq, waṣ ṣirāṭa haqq, wal mīzāna haqq, wa taṭāʾural kutubi haqq, wa annal jannata haqq, wan nāra haqq, wa annas sāʿata ātiyatul lā rayba īhā, wa annal lāha yabʿathu man īl qubūr Allah, the Blessed, the Exalted, is the best Lord, and Muḥammad - may Allah’s blessing and peace be upon him and his progeny - is the best messenger, and ʿAlī ibn Abī Ṭālib and his infallible descendants, [together being] the twelve Imams, are the best Imams. What Muḥammad - may Allah’s blessing and peace be upon him and his progeny - brought is true; death is real; the questioning of Munkar and Nakīr in the grave is real; the raising [from the graves] is real; the resurrection is real; the Path is real, the Scale is real; the disclosure of the book of deeds is real; Paradise is real; the Fire is real; the Hour is coming, there is no doubt about it; and Allah will raise those who are in the graves.
156 en, he should say: َ َ ْ َ َ َ ْ ___ اﻓ ِﻬﻤﺖ (اﻓ ِﻬﻤ ِﺖ) ﻳﺎ afahimta (afahimti) yā ___ Do you understand, O ___ ?
In the blank space, he should mention the name of the deceased.
en, he should say: َ َّ َ َ َ َّ َ ُ ْ َ ْ َّ َ َ َ َ َ َ ُ َ َ ُّ ْ َ ْ َ َّ َ ُ َ ْ َ َ ﺛﺒﺘﻚ (ﺛﺒﺘ ِﻚ) اﷲ ﺑِﺎﻟﻘﻮ ِل اﺨﻛﺎﺑِ ِﺖ، و ﻫﺪاك (ﻫﺪ ِاك) اﷲ ِا ٰﻰﻟ ِﺮﺻ ٍاط ﻣﺴﺘ ِﻘﻴ ٍﻢ، ﻋﺮف اﷲ ﺑﻴﻨﻚ َ َ َ ْ َ َ َ ْ َ ْ َ َ ْ َ ُ ْ َ َ ّ ْ َ ْ َ (ﺑﻴﻨ ِﻚ) و ﻧﻦﻴ أو ِ ﺎﺋِﻚ (أو ِ ﺂﺋِ ِﻚ) ﻓِﻲ ﻣﺴﺘﻘ ٍﺮ ِﻣﻦ رﻤﺣ ِﺘ ِﻪ thabbatakal (thabbatikil) lāhu bilqawlith thābit, wa hadākal (hadākil) lāhu ilā ṣirāṭim mustaqīm, ʿarrafal lāhu baynaka (baynaki) wa bayna awliyāʾika (awliyāʾiki) ī mustaqarrim min raḥmatih May Allah keep you steadfast with the firm beliefs and may He guide you on the right path. May Allah foster acquaintance between you and your guardians in the abode of His mercy.
en, he should say: َ َ ْ ْ َ َ ْ َ ْ َ ْ َ ْ َ ْ َ َ ْ َ ْ ُ ُ ْ َ َ ْ َ َ َ ّ َ ّ َ ْ َ اﻢﻬﻠﻟ ﺟ ِﺎف اﻷرض ﻗﻦ ﺟﻨﺒﻴ ِﻪ (ﺟﻨﺒﻴﻬﺎ)، و اﺻﻌﺪ ﺑِﺮ ِوﺣ ِﻪ (ﺑِﺮو ِﺣﻬﺎ) ِا ﻚ، و ﻟ ِﻘ ِﻪ (ﻟ ِﻘﻬﺎ) ِﻣﻨﻚ َ ً َ َ ْ َ َ ْ َ ﺑُ ْﺮﻫﺎﻧﺎ، اﻢﻬﻠﻟ ﻗﻔ َﻮك ﻗﻔ َﻮك allāhumma jāfil arḍa ʿan jambayh (jambayhā), waṣ ʿad birūḥihi (birūḥiha) ilayk, wa laqqihi (laqqihā) minka burhāna, allāhumma ʿafwaka ʿafwak O Allah! Make the ground spacious for him (her) on both of his (her) sides, and elevate his (her) soul to You, and direct Your proof to him (her). O Allah! Bestow Your pardon! Bestow Your pardon!
Ruling 618. It is recommended that the person who places the corpse in the grave should have wuḍūʾ or ghusl, and be bare-headed and bare-footed, and he should climb out of the grave from the feet-side of the corpse. Persons other than the relatives of the deceased should put the soil into the grave with the back of their hands and say:
157 َّ َ َّ َ ْ َ ُ َ إِﻧﺎ ِ ِﷲ وإِﻧﺎ إِ ِﻪ ر ِاﺟﻌﻮن innā lillāhi wa innā ilayhi rājiʿūn Indeed we belong to Allah, and to Him do we indeed return.68
If the deceased is a woman, someone who is her maḥram should lower her in the grave; and if a maḥram is not present, her other relatives should do this.
Ruling 619. It is recommended that the grave should be four sided, and be raised to the height of four fingers from the ground, and that a sign be kept over it so that it is not mistaken, and that water be splashed over it, and that aer splashing water over it those who are present should place their hands on the grave, spread their fingers, press them into the soil, and recite the blessed Surat al-Qadr69 seven times, and ask forgiveness for the deceased, and recite this du‘a’: َ َ ْ ْ َ َ ْ َ ْ َ ْ َ ْ َ ْ َ ْ َ ْ َ ْ َ ُ َ ُ ُ َ َ َ ّ َ ّ َ ْ َ اﻢﻬﻠﻟ ﺟ ِﺎف اﻷرض ﻗﻦ ﺟﻨﺒﻴ ِﻪ (ﺟﻨﺒﻴﻬﺎ)، َو أﺻﻌﺪ ِا ﻚ روﺣﻪ (روﺣﻬﺎ) ، َو ﻟ ِﻘ ِﻪ (ﻟ ِﻘﻬﺎ) ِﻣﻨﻚ ْ َ ً َ ْ ْ َ ْ َ ُ َ ْ َ ْ َ ْ َ َ َ ُ ْ ُ ْ َ َ َّ ْ َ َ ْ َ َ ِرﺿﻮاﻧﺎ، و أﺳ ِﻜﻦ ﻗﺮﺒه (ﻗﺒﺮﻫﺎ) ِﻣﻦ رﻤﺣ ِﺘﻚ ﻣﺎ ﻳﻐ ِﻨ ِﻴﻪ (ﻳﻐ ِﻨﻴﻬﺎ) ﺑِ ِﻪ ﻋﻦ رﻤﺣ ِﺔ ﻣﻦ ِﺳﻮاك allāhumma jāfil arḍa ʿan jambayh (jambayhā), wa aṣʿid ilayka ruḥah (ruḥahā), wa laqqihi (laqqihā) minka riḍwāna, wa askin qabrahu (qabrahā) min raḥmatika mā tughnīhi (tughnīhā) bihi ʿar raḥmati man siwāk O Allah! Make the ground spacious for him (her) on both of his (her) sides, and elevate his (her) soul, and direct Your pleasure to him (her), and sele Your mercy in his (her) grave, which will make him (her) needless of the mercy of anyone other than You.
Ruling 620. It is recommended that aer the people who aended the funeral have departed, the guardian of the deceased or the person who has been given permission by the guardian should recite the recommended duʿāʾs for the deceased.
Ruling 621. Aer burial, it is recommended that the grieving family should be given condolences. However, if aer the passing 68 Al-Baqarah (Chapter 2), verse 156. 69 Chapter 97 of the r’an. 158 of some time giving condolences would cause them to remember their grief, it is beer to avoid it. It is also recommended to send food to the grieving family for three days, and during this time it is disapproved to eat food with them and in their house.
Ruling 622. It is recommended for one to be patient on the death of his near ones, especially on the death of a child; and whenever he remembers the deceased, he should say: َّ َ َّ َ ْ َ ُ َ إِﻧﺎ ِ ِﷲ وإِﻧﺎ إِ ِﻪ ر ِاﺟﻌﻮن innā lillāhi wa innā ilayhi rājiʿūn Indeed we belong to Allah, and to Him do we indeed return.70
Furthermore, he should recite the r’an for the deceased, and at the grave of his father and mother he should pray to Allah for his needs and make the grave solid so that it is not easily ruined.
Ruling 623. Based on obligatory precaution, it is not permied for a person to scratch his face and body or to cut his hair in mourning someone. However, it is permied to slap one’s own head and face.
Ruling 624. Based on obligatory precaution, it is not permied for one to tear his collar in mourning the death of anyone except his father and brother; and the recommended precaution is that one should not tear his collar even in mourning their death.
Ruling 625. If a woman scratches her face in mourning a deceased person and makes it bleed, or if she pulls out her hair, then based on recommended precaution, she should free one slave, or feed ten poor people, or clothe them. e same applies to a man who tears his collar or his clothes in mourning the death of his wife or child.
Ruling 626. e recommended precaution is that when crying for a deceased person, one should not raise his voice very much.
70 Al-Baqarah (Chapter 2), verse 156. 159 THE PRAYER OF LONELINESS (ṢALĀT AL-WAḤSHAH)
Ruling 627. It is recommended that on the first night of burial, the two rakʿah prayer known as ‘ṣalāt al-waḥshah’ should be per- formed for the deceased.
e method of performing this prayer is as follows: In the first rakʿah aer reciting Surat al-Ḥamd, Āyat al-Kursī71 is recited once; and in the second rakʿah aer reciting Surat al-Ḥamd, Surat al-Qadr is recited ten times; and aer the salām of the prayer [i.e. aer completing the prayer], the following is said: َ َ َ ّ َ َ ُ َ َّ َ ُ َ َّ َ ْ َ َ َ ٰ َ ___ اﻢﻬﻠﻟ ﺻ ِﻞ ٰﺒﻟ ﺤﻣﻤ ٍﺪ و ِآل ﺤﻣﻤ ٍﺪ، و اﻧﻌﺚ ﺛﻮاﺑﻬﺎ ِاﻰﻟ ﻗ ِﺮﺒ allāhumma ṣalli ʿalā muḥammadiw wa āli muḥammad, wab ʿath thawābahā ilā qabri ____ O Allah! Bless Muḥammad and the progeny of Muḥammad, and send the reward [of this prayer] to the grave of ____.
In the blank space, one should say the name of the deceased person.
Ruling 628. Ṣalāt al-waḥshah can be performed at any time on the first night of burial. However, it is beer to perform it at the start of the evening aer ʿishāʾ prayers.
Ruling 629. If people want to take the corpse to another town that is far away, or if the burial is delayed for some other reason, ṣalāt al-waḥshah should be delayed until the first night of burial.
EXHUMATION OF A GRAVE
Ruling 630. Exhuming the grave of a believer - i.e. opening his grave - is unlawful, even if the grave belongs to a child or to an insane person. However, there is no problem if the body has completely decomposed and has become dust.
71 Al-Baqarah (Chapter 2), verse 255. 160 Ruling 631. It is unlawful to destroy the graves of the descendants of the Imams (ʿA), martyrs, and scholars, in any way that is considered disrespectful, even if many years have passed since the person was buried and the body has completely decomposed.
Ruling 632. Exhuming a grave is not unlawful in the following cases:
1. when the corpse has been buried in usurped land, and the owner of the land does not consent to the body remaining there, and exhuming the body does not cause hardship (ḥaraj); otherwise, it is not necessary for anyone to exhume the grave except the usurper himself [even if it causes him hardship]. However, if there is a more important, legally justified reason for not exhuming the body - for example, it will cause the body to fall apart - it is not necessary to do so; rather, it is not permied. In fact, if exhuming a grave causes disrespect to the deceased, then based on obligatory precaution, it is not permied except if the land was usurped by the deceased when he was alive; 2. when the kafan or something else that has been buried with the corpse is usurped and the owner does not consent to it remaining in the grave. e same applies if something from the deceased’s own estate that has been inherited by his heir is buried with the corpse and the heir does not consent to the object remaining in the grave. However, if the deceased had stipulated in his will that a certain duʿā or a copy of the r’an, or a ring must be buried with him and his will is valid, then one cannot exhume the grave in order to take the object out. In this case, the exception that was mentioned in the previous case also applies; 3. when opening the grave does not cause disrespect and the corpse had been buried without having been given ghusl, or it was buried without a kafan, or it becomes known that the ghusl was invalid, or the corpse had not been shrouded according to religious instruction, or it had not been placed in the grave facing qibla;
161 4. to see the body in order to establish a right that is more important than not exhuming the grave; 5. when the corpse has been buried in a place that is disrespectful to it, such as in the graveyard of disbelievers or a place where dirt and rubbish are thrown; 6. for a religious maer that is more important than not exhuming the grave; for example, in order to bring out a living child from the womb of a pregnant woman who has been buried; 7. when there is fear that a beast of prey will tear the body apart, or a flood will carry it away, or an enemy will exhume it; 8. when the deceased had stipulated in his will that his body must be transferred to a place where a holy person is buried in the event that there was no legal reason for not transferring the corpse and yet he was still buried elsewhere, either intentionally, unknowingly, or forgetfully; in such a case, the grave can be exhumed and the body transferred to a sacred place as long as it does not cause disrespect to it and there is no legal reason for not transferring it to the place where the holy person is buried. In fact, in this case, exhuming the grave and transferring the body is obligatory.
RECOMMENDED (MUSTAḤABB) GHUSLS
Ruling 633. In the sacred law of Islam, there are many recommended ghusls, including:
1. the Friday ghusl. e time for performing this ghusl is from ṣubḥ prayers until sunset, and it is beer to perform it near ẓuhr. If a person does not perform it until aer ẓuhr, it is beer that he performs it before sunset without specifying an intention of adāʾ or qaḍāʾ [i.e. without specifying whether it is being performed within its prescribed time or not]. If a person does not perform this ghusl on Friday, it is recommended that he performs it as qaḍāʾ on Saturday between the time of ṣubḥ prayers until sunset. If someone knows that he will not procure water on Friday, he
162 can perform this ghusl on ursday or on the night before Friday with the intention of rajāʾ. When one performs this ghusl, it is recommended that he says: ْ َ ُ َّ ٰ َ َّ ُ َ ْ َ ُ َ َ َ َ ُ َ َّ ُ َ َّ ً َ ْ ُ ُ َ َ ُ ُ ُ َ َ ّ َ َ ُ َ َّ أﺷﻬﺪ أن ﻻ إﻟﻪ إﻻ اﷲ وﺣﺪه ﻻ ِﺮﺷﻳﻚ ، و أن ﺤﻣﻤﺪا ﻗﺒﺪه و رﺳﻮ ، اﻢﻬﻠﻟ ﺻ ِﻞ ٰﺒﻟ ﺤﻣﻤ ٍﺪ َّ ُ َ َّ َ ْ َ ْ َ َّ َّ َ َ ْ َ ْ َ ْ ُ َ َ ّ و ِآل ﺤﻣﻤ ٍﺪ، و اﺟﻌﻠ ِﻲﻨ ِﻣﻦ اﺤﻛﻮاﻧِﻦﻴ و اﺟﻌﻠ ِﻲﻨ ِﻣﻦ اﻟﻤﺘﻄ ِﻬ ِﺮ ِﻳﻦ ashadu al lā ilāha illal lāhu waḥdahu lā sharīka lah, wa anna muḥammadan ʿabduhu wa rasūluh, allāhumma ṣalli ʿalā muḥammadiw wa āli muḥammad, wajʿalnī minat tawwābīna wajʿalnī minal mutaṭahhirīn I testify that there is no god but Allah, He alone; and I testify that Muḥammad is His servant and His messenger. O Allah! Bless Muḥammad and the progeny of Muḥammad. Make me of those who oen repent and make me of those who purify themselves.
2-7. the ghusl for the night of the 1st, 17th, 19th, 21st, 23rd, and 24th of the month of Ramadan; 8-9. the ghusl for the day of Eid al-Fiṭr72 and Eid al-Aḍḥā.73 e time for performing these ghusls is from ṣubḥ prayers until sunset, and it is beer to perform them before the Eid prayers; 10-11. the ghusl for the day of the 8th and 9th of Dhū al-Ḥijjah74 and it is beer to perform the ghusl on the day of the 9th at the time of ẓuhr prayers; 12. the ghusl of someone who has touched a corpse aer it has been given ghusl; 13. the ghusl for iḥrām; 14. the ghusl for entering the sacred precinct (ḥaram) of Mecca; 15. the ghusl for entering Mecca; 16. the ghusl for visiting the Kabʿah; 17. the ghusl for entering the Kaʿbah; 18. the ghusl for slaughtering a camel (naḥr) and for slaughtering an animal (dhabḥ); 19. the ghusl for shaving one’s hair (ḥalq); 20. the ghusl for entering the ḥaram of Medina;
72 e 1st of Shawwāl. 73 e 10th of Dhū al-Ḥijjah. 74 ese days are known as the days of Tarwiyah and ʿArafah. 163 21. the ghusl for entering Medina; 22. the ghusl for bidding farewell to the holy grave of Prophet Muḥammad (Ṣ); 23. the ghusl for mubāhalah (mutual imprecation) with an opponent; 24. the ghusl for istikhārah (the practice of seeking from Allah the best choice between two or more options); 25. the ghusl for istisqāʾ (invocation for rain).
Ruling 634. In the course of explaining recommended ghusls, jurists have mentioned many other ghusls, including:
1. the ghusl for each of the odd nights of the month of Ramadan, and the ghusl for each of the last ten nights of Ramadan, and another ghusl at the end of the 23rd night of Ramadan; 2. the ghusl for the 18th and 24th of Dhū al-Ḥijjah;75 3. the ghusl for Nawrūz,76 15th of Shaʿbān,77 9th of Rabīʿ al-Awwal,78 17th of Rabīʿ al-Awwal,79 and the 25th day of Dhū al-Qaʿdah;80 4. the ghusl for a woman who has used fragrance for other than her husband; 5. the ghusl for someone who slept while intoxicated; 6. the ghusl for someone who went to see a hanging and actually saw it; however, if he happened to see it by chance, or he had no choice but to see it, or, for example, he had gone to give evidence and saw it, in these cases, this ghusl is not recommended; 7. the ghusl for the visitation (ziyārah) of the Infallibles (maʿṣūmīn) from far or near.
It is not established, however, that these ghusls are recommended, and someone who wants to perform them must do so with the intention of rajāʾ [i.e. with the intention of performing them in the hope that they are desired by Allah]. 75 e day of Ghadīr and day of Mubāhalah respectively. 76 e day of the spring equinox. 77 e birthday of the Twelh holy Imam (ʿA). 78 Eid al-Zahrāʾ (ʿA). 79 e birthday of Prophet Muḥammad (Ṣ) and Imam Jaʿfar al-Ṣādiq (ʿA). 80 e day of Dahw al-Arḍ. 164 Ruling 635. If someone performs one of the ghusls that has been legally established as being a recommended ghusl - such as those mentioned in Ruling 633 - he can perform acts that require wuḍūʾ, such as prayers, with that ghusl. As for ghusls that are performed with the intention of rajāʾ - such as those mentioned in Ruling 634 - these do not suffice in place of wuḍūʾ.
Ruling 636. It is sufficient for one to perform one ghusl with the intention of several different recommended ghusls, except for those ghusls that have become recommended for one to perform on account of having done something, such as the ghusl for touching a corpse that has been given ghusl. To consider this type of ghusl as sufficing for several different recommended ghusls is problematic [i.e. based on obligatory precaution, one must not consider it as sufficing].
DRY ABLUTION (TAYAMMUM)
Tayammum must be performed in place of wuḍūʾ or ghusl in seven situations [which are set out below].
1. Not having water
Ruling 637. If a person happens to be in a populated area, he must search for water for performing wuḍūʾ and ghusl until such time that he loses hope in finding water. e same applies if one happens to be staying in a desert, like those who stay in tents. If a person is on a journey in a desert, he must search for water on the way and in the places near to where he is staying. e obligatory precaution is that if the ground is uneven, or, if due to some other reason the road is difficult to traverse - for example, because it has a lot of trees - one must go in search of water in the area around him as far as the distance that a shot arrow travels as it would have been shot from a bow in the past.81 If the land is even, however, 81 ere is a difference of opinion [among jurists] regarding the distance a shot arrow travels. e most oen quoted distance is 480 cubits, which is equivalent to approximately 220 metres. (See Minhāj al-Ṣāliḥīn, vol. 1, p. 113, Ruling 342). [Author] 165 one must go in search of water in the area around him up to the distance that two shot arrows travel.82
Ruling 638. If some of the area around a person is even and some uneven, he must search for water in the even area up to a distance that two shot arrows travel, and in the uneven area up to a distance that one shot arrow travels.
Ruling 639. It is not necessary to search for water in any area in which one is certain there is no water.
Ruling 640. If the time for performing prayers is not short, and one has time to procure water, and he is certain or confident that there is water in a place that is further than the distance he is obliged to go up to in search of water, he must go there to procure water unless it is so far that he would commonly be considered to be someone who does not have water. However, if he merely supposes that there is water in a place, it is not necessary for him to go there.
Ruling 641. It is not necessary for a person to go in search of water himself; rather, he can suffice with the statement of someone who has searched for water and whose word he trusts.
Ruling 642. If someone deems it probable that there is water in his travel luggage, or in his house, or with the group of people he is travelling with, he must search for water in those places until he becomes confident that there is no water or until he loses hope in finding some, except if previously in a particular situation there was no water and now he deems it probable that water will be found, in which case it is not necessary for him to search.
Ruling 643. If a person searches for water before the time for prayers and does not find any, and he remains in that place until the time for prayers, in the event that he deems it probable that he will find water, the recommended precaution is that he should go in search of water again.
82 Given the previous footnote, this would equate to approximately 440 metres. 166 Ruling 644. If a person searches for water aer the time for prayers has set in and does not find any, and he remains in that place until the time for the next prayers, in the event that he deems it probable that water will be found, the recommended precaution is that he should go in search of water again.
Ruling 645. If the time for performing prayers is short, or there is a fear of thieves and beasts, or searching for water is so difficult for someone that usually people in his situation would not be able to endure it, it is not necessary to search for water.
Ruling 646. If a person does not go in search of water until the time for performing prayers becomes short, and in case he had gone he would have found some, he will have commied a sin; however, the prayer he performed with tayammum is valid.
Ruling 647. If someone is certain that he will not find water and does not go in search of it, and he performs prayers with tayammum and aerwards realises that if he had searched for water he would have found some, then based on obligatory precaution, it is necessary for him to perform wuḍūʾ and to perform the prayer again.
Ruling 648. If a person does not find water aer searching for it and loses hope in finding some and performs prayers with tayammum, and aerwards he realises that there was water in the place where he had searched, his prayer is valid.
Ruling 649. If someone who is certain that the time for performing prayers is short does not search for water and performs prayers with tayammum, and aer his prayers - but before the time for the prayer ends - he realises that he had time to search, the obligatory precaution is that he must perform the prayer again.
Ruling 650. If a person has wuḍūʾ and knows that if he invalidates his wuḍūʾ it will not be possible to find water or he will not be able to perform wuḍūʾ, in the event that he can keep his wuḍūʾ,
167 then based on obligatory precaution, he must not invalidate his wuḍūʾ, whether that be before or aer the time for prayers has set in. However, one can have sexual intercourse with his wife even if he knows that he will not be able to perform ghusl.
Ruling 651. If a person has water that is only sufficient for performing wuḍūʾ or ghusl with, and he knows that were he to spill the water he would not be able to find any more, in the event that the time for prayers has set in, it is unlawful for him to spill the water; and the obligatory precaution is that he must not spill it even before the time for prayers has set in.
Ruling 652. If someone who knows he will not find water invalidates his wuḍūʾ or spills the water he has, he commits a sin but his prayer performed with tayammum is valid. However, the recommended precaution is that he should make up that prayer aerwards.
2. Not having access to water
Ruling 653. If a person does not have access to water on account of old age, weakness, fear of a thief or an animal and suchlike, or on account of not having the means to draw water out from a well, he must perform tayammum.
Ruling 654. If a bucket, rope, or a similar thing is needed for drawing water out from a well and one would need to purchase or hire it, he must do so even if he has to pay much more than the usual price for it. Similarly, if water is being sold at a much higher price [he must purchase it]. However, if purchasing these requires so much money that it would harm him financially, it is not obligatory on him to purchase them.
Ruling 655. If in order to procure water a person has to borrow money, he must do so. However, it is not obligatory to borrow money if one knows or supposes that he will not be able to repay the loan.
168 Ruling 656. One must dig a well in order to obtain water as long as it is not excessively difficult to do so.
Ruling 657. One must accept water if it is given to him without any obligation.
3. Using water is harmful
Ruling 658. If using water would result in a person dying, or it would make him ill, or inflict him with some defect, or prolong an illness he has, or make his illness worse, or make it difficult to treat, in all of these cases, he must perform tayammum. However, if one can reduce the harm of using water - for example, by heating it - he must do so and thereby perform wuḍūʾ or ghusl as required.
Ruling 659. It is not necessary for one to be certain that water is harmful for him; rather, if he deems it probable that it is harmful, in the event that his deeming it probable would be considered by people to be reasonable, he must perform tayammum.
Ruling 660. If someone is certain or deems it probable that water is harmful for him and performs tayammum, and before prayers he realises that water is not harmful for him, his tayammum is void; and if he realises this aer prayers, he must perform the prayer again with wuḍūʾ or ghusl unless performing wuḍūʾ or ghusl while being certain of harm, or deeming it probable, would cause an anxiety which would be difficult to endure.
Ruling 661. If someone who is certain that water is not harmful for him performs ghusl or wuḍūʾ, and aerwards he realises that water was harmful for him, his wuḍūʾ or ghusl is void.
4. Hardship (ḥaraj) and excessive difficultymashaqqah ( )
Ruling 662. If procuring water or using it causes someone hardship or excessive difficulty that could not normally be endured, he can perform tayammum. However, if he endures it and performs wuḍūʾ or ghusl, his wuḍūʾ or ghusl is valid. 169 5. Needing water to quench thirst
Ruling 663. A person must perform tayammum if he needs water to quench his thirst. It is permied to perform tayammum for this reason in two cases:
1. if one uses water for wuḍūʾ or ghusl, he will presently or later on become thirsty which will cause him to die or to become ill, or it will require him to endure excessive difficulty; 2. one fears for someone who is dependent on him - even if the person is not among those whose life is legally protected - if the affairs of the person’s life maer to him because of his intense affection for the person, or because if the person dies it will harm him financially, or because caring for the person is commonly considered to be necessary, as is the case with a friend or a neighbour.
Apart from these two cases, it is possible for thirst to be a valid reason for performing tayammum , but not from the perspective mentioned above; rather, from the perspective that preserving life is obligatory, or because the death or restlessness of someone [resulting from thirst] would assuredly cause one hardship.
Ruling 664. If apart from having pure water for wuḍūʾ or ghusl a person also has impure water that is sufficient only for drinking, he must keep the pure water for drinking and perform prayers with tayammum. However, in the event that one wants the pure water for those who are dependent on him, he can perform wuḍūʾ or ghusl with the pure water even if his dependents are compelled to quench their thirst with the impure water. In fact, if they are unaware of the water being impure, or they do not refrain from drinking impure water, it is necessary for him to use the pure water for wuḍūʾ or ghusl. Similarly, if one wants water for his animal or for a child who is not bāligh, he must give them the impure water and perform wuḍūʾ or ghusl with the pure water.
170 6. Performing wuḍūʾ or ghusl conflicts with another legal responsibility that is more important or just as important
Ruling 665. If someone has a lile water and his body or clothing is impure, and if he were to perform wuḍūʾ or ghusl with that water there would not be enough le over with which he could wash his body or clothing, he must wash his body or clothing with the water and perform prayers with tayammum. However, if one does not have anything with which he can perform tayammum, he must use the water for wuḍūʾ or ghusl and perform prayers with his impure body or clothing.
Ruling 666. If a person only has water or a container that is unlawful to use - for example, the water or container is usurped and he does not have any other water or container - he must perform tayammum in place of wuḍūʾ and ghusl.
7. Shortage of time
Ruling 667. Whenever the time remaining [to perform prayers within their prescribed time] is so lile that if one performs wuḍūʾ or ghusl he will have to perform the entire prayer or part of it aer its time, he must perform tayammum.
Ruling 668. If someone intentionally delays the prayer to the extent that he does not have time to perform wuḍūʾ or ghusl, he commits a sin but his prayers performed with tayammum are valid. However, the recommended precaution is that he should make up that prayer aerwards.
Ruling 669. If a person doubts whether or not he will have time to perform prayers if he performs wuḍūʾ or ghusl, he must perform tayammum.
Ruling 670. If someone performs tayammum due to shortage of time and aer the prayer he is able to perform wuḍūʾ but does not, and now he does not have the water he had previously, in such a
171 case, if his duty now is to perform tayammum, he must perform tayammum again for subsequent prayers even if he has not done anything that invalidates tayammum.
Ruling 671. If someone has water but due to shortage of time he starts performing prayers with tayammum, and during prayers the water he had is lost, in the event that his duty now is to perform tayammum, it is not necessary for him to perform tayammum again for subsequent prayers, although it is beer that he does.
Ruling 672. If a person has just enough time to perform wuḍūʾ or ghusl and to perform prayers without doing the recommended acts, such as iqāmah and qunūt, he must perform ghusl or wuḍūʾ and perform prayers without doing the recommended acts. In fact, if one does not have time to recite even the surah [of the r’an, following the recitation of Surat al-Ḥamd] he must perform ghusl or wuḍūʾ and perform the prayer without reciting the surah.
THINGS WITH WHICH PERFORMING TAYAMMUM IS VALID (ṢAḤĪḤ)
Ruling 673. Performing tayammum with soil, pebbles, a clod of earth, and stone is valid. However, the recommended precaution is that if it is possible to perform tayammum with soil, one should not perform it with any other thing; and if soil is not available, [the recommended precaution is to perform tayammum] with fine sand that is very so, such that it can be called ‘soil’; and if that is not possible, with a clod of earth; and if that is not possible, with pebbles; and in the event that pebbles and a clod of earth are not available, one must perform tayammum with a stone.
Ruling 674. Tayammum performed with gypsum or limestone is valid. Similarly, tayammum performed with dust that gathers on carpets, clothing, and similar things is also valid provided that its quantity is such that it can commonly be considered to be very fine soil, although the recommended precaution is that if alternatives are available, one should not perform tayammum with dust.
172 Similarly, based on recommended precaution, if alternatives are available, one should not perform tayammum with gypsum and limestone that have been baked, nor with brick that has been baked, nor with mineral stones such as agate (ʿaqīq).
Ruling 675. If a person cannot find soil, pebbles, a clod of earth, or stone, he must perform tayammum with mud; and if one cannot find any mud, he must perform tayammum on top of a carpet, clothing, or similar thing that has gathered dust or on which dust has seled but not to the extent that it can commonly be considered to be soil; and if none of these can be found, the recommended precaution is that one should perform prayers without performing tayammum. However, it is obligatory on him to make it up aerwards.
Ruling 676. If a person can gather soil by shaking a carpet and similar things, then performing tayammum with something that is merely dusty is invalid. Similarly, if one can dry some mud and procure soil from it, then performing tayammum with mud is invalid.
Ruling 677. If someone does not have water but does have snow or ice, in the event that it is possible for him to do so, he must melt it and perform wuḍūʾ or ghusl with it; and if it is not possible and he does not have anything with which tayammum can be validly performed, it is necessary for him to make up the prayer aer its time; and it is beer that he wets with snow or ice those parts of the body on which wuḍūʾ or ghusl is performed, and in the case of wuḍūʾ he should wipe his head and feet with the wetness on his hands; and if this is not possible, he should perform tayammum with snow or ice and perform the prayer within its time. In both cases, it is necessary for him to make up the prayer aerwards.
Ruling 678. If something like straw - with which performing tayammum is invalid - becomes mixed with soil or pebbles, one cannot perform tayammum with it. However, if the quantity of that thing [such as straw] is so lile that it is considered to have
173 disappeared in the soil or pebbles, then performing tayammum with that soil or pebbles is valid.
Ruling 679. If a person does not have anything with which to perform tayammum, in the event that it is possible, he must procure it by purchasing it and suchlike.
Ruling 680. Performing tayammum with a mud wall is valid; and the recommended precaution is that if there is dry earth or soil, one should not perform tayammum with damp earth or soil.
Ruling 681. e thing with which a person performs tayammum must be pure (ṭāhir); and based on obligatory precaution, it must also be commonly considered to be clean, meaning that it must not be tainted with anything that causes disgust; and if one does not have a pure thing with which tayammum can be validly performed, then performing prayers at that time is not obligatory on him; however, he must make up that prayer; and it is beer that he also performs the prayer within its time, except if the situation has reached the point whereby he must perform tayammum with a dusty carpet or a similar thing;83 and if it is impure, the obligatory precaution is that he must perform tayammum with it, perform the prayer, and aerwards make up the prayer.
Ruling 682. If someone is certain that performing tayammum with a particular thing is valid and he does so, and aerwards he realises that performing tayammum with that thing is invalid, he must perform the prayers he had performed with that tayammum again.
Ruling 683. e thing with which one performs tayammum must not be usurped; therefore, if one performs tayammum with usurped soil, his tayammum is invalid.
Ruling 684. Tayammum performed in a usurped area is not invalid; therefore, if a person strikes his hands on soil belonging to him,
83 See Ruling 675 174 and then enters the property of another person without permission and wipes his hands on his forehead, his tayammum is valid even though he will have commied a sin.
Ruling 685. If a person forgetfully or neglectfully performs tayammum with a usurped thing, his tayammum is valid. However, if that thing has been usurped by him and he forgets that he has usurped it, then considering his tayammum as being valid is problematic [i.e. based on obligatory precaution, his tayammum is not considered to be valid].
Ruling 686. If a person is imprisoned in a usurped place and both the water and the soil of that place are usurped, he must perform prayers with tayammum.
Ruling 687. Based on obligatory precaution, the thing with which one performs tayammum must have dust on it that will stay on the palms; and aer striking one’s hands on it, he must not shake his hands vigorously causing all the dust to fall off.
Ruling 688. It is disapproved to perform tayammum with the earth of a pit, and with the soil of a road, and with the ground of a salt marsh on which salt has not seled; and if salt has seled on it, the tayammum is invalid.
METHOD OF PERFORMING TAYAMMUM IN PLACE OF WUḌŪʾ OR GHUSL
Ruling 689. ree things are obligatory when performing tayammum in place of wuḍūʾ or ghusl :
1. striking or placing the palms of both hands on something with which tayammum can be validly performed; and based on obligatory precaution, the striking of both palms must be done simultaneously; 2. wiping the palms of both hands over the entire forehead from the place where the hair of the head grows to the eyebrows and above the nose. Similarly, [the palms of both 175 hands must be wiped] over the two sides of the forehead, based on obligatory precaution; and the recommended precaution is that the palms should be wiped over the eyebrows as well; 3. wiping the palm of the le hand over the whole of the back of the right hand, and wiping the palm of the right hand over the whole of the back of the le hand; and the obligatory precaution is that that the aforementioned order must be observed [i.e. first the back of the right hand must be wiped and then the back of the le].
It is necessary that tayammum be performed with the intention of aaining proximity to Allah, just as it was mentioned with regard to performing wuḍūʾ.84
Ruling 690. e recommended precaution is that tayammum - whether it be in place of wuḍūʾ or in place of ghusl - be performed in this manner: (1) the palms are struck on the ground once and are wiped over the forehead and the back of the hands; and (2) they are then struck again on the ground and are wiped over the back of the hands.
LAWS OF TAYAMMUM
Ruling 691. If a person fails to wipe even a small area of his forehead or the back of his hands, his tayammum is invalid, irrespective of whether he fails to wipe the area intentionally, or because he did not know the ruling, or because he had forgoen to wipe it. However, it is not necessary to be very particular either, and it is sufficient if it can be said that the entire forehead and back of the hands have been wiped.
Ruling 692. If someone is not certain that he has wiped all of the back of his hand, then, in order to be certain, he must wipe an area a lile higher than his wrist as well. However, it is not necessary to wipe in-between the fingers.
84 See the sixth condition for the validity of wuḍūʾ and Ruling 281. 176 Ruling 693. Based on obligatory precaution, the forehead and the back of the hands must be wiped from top to boom [i.e. the forehead must be wiped in a direction towards the eyebrows and above the nose, and the back of the hands must be wiped in a direction towards the fingertips]. ese actions must be performed one aer the other, and if there is a delay between performing them such that it cannot be said that one is performing tayammum, the tayammum is invalid.
Ruling 694. When making the intention to perform tayammum, it is not necessary for one to specify whether the tayammum is in place of ghusl or wuḍūʾ. However, in cases where two tayammums must be performed, it is necessary to specify each one of them [in one’s intention]; and in the event that one tayammum is obligatory on a person and he makes the intention that he is performing his current duty, then even if he makes a mistake in determining his duty, his tayammum is valid.
Ruling 695. In tayammum it is not necessary for one’s forehead, the palms of his hands, and the back of his hands to be pure, although it is beer if they are.
Ruling 696. One must remove any rings from his fingers when wiping over his hands; and if there is any obstruction on his forehead, the back of his hands, or on his palms - for example, something is stuck on them - he must remove it.
Ruling 697. If there is a wound on one’s forehead or on the back of his hands and the cloth or something else that is tied over it cannot be untied, he must wipe his hands over it; and if there is a wound on the palms of his hands and the cloth or something else that is tied over it cannot be untied, one must strike his hands on something with which tayammum can be validly performed with the same cloth tied over the wound and wipe over his forehead and the back of his hands. However, if part of the cloth is open, then striking and wiping with that open part is sufficient.
177 Ruling 698. ere is no problem if there is a normal amount of hair on one’s forehead and on the back of his hands. However, if the hair of one’s head drops over onto his forehead, he must draw it back.
Ruling 699. If a person deems it probable that there is an obstruction on his forehead, on the palms of his hands, or on the back of his hands, in the event that his deeming it probable would be considered by people to be reasonable, he must look into this until he becomes certain or confident that there is no obstruction.
Ruling 700. If someone’s duty is to perform tayammum but he cannot perform it on his own, he must get help from someone else. e helper must take the mukallaf’s hands and strike them on something with which tayammum can be validly performed; then, the helper must place the mukallaf’s hands on the mukallaf’s forehead and on the back of the mukallaf’s hands so that the mukallaf himself wipes the palms of his two hands over his forehead and over the back of his hands, if it is possible for him to do so; and if it is not possible, the helper must perform tayammum on the mukallaf with the mukallaf’s own hands [i.e. aer the helper has placed the mukallaf’s hands on the mukallaf’s forehead and on the back of the mukallaf’s hands, the helper must draw the mukallaf’s hands over his forehead and over the back of his hands]; and if this is not possible, the helper must strike his own hands on something with which tayammum can be validly performed and wipe them over the mukallaf’s forehead and over the back of his hands. In these two cases, based on obligatory precaution, both of them must make the intention of tayammum. However, in the first case [where the mukallaf’s own hands are used], it is sufficient if only the mukallaf makes this intention.
Ruling 701. If while performing tayammum one doubts whether or not he has forgoen a certain part of it, in the event that he has passed that stage [i.e. he has performed that particular part of tayammum ], he must not give heed to his doubt; and if one has not passed that stage, he must perform that stage.
178 Ruling 702. If aer wiping the le hand one doubts whether or not he has correctly performed tayammum, his tayammum is valid; and in the event that one’s doubt is about the wiping of the le hand, it is necessary for him to wipe it unless it can commonly be said that he has completed performing tayammum; for example, he has started to perform an act that requires purification [such as prayers], or the close succession (muwālāh) [in performing tayammum] has not been maintained.
Ruling 703. If someone whose duty is to perform tayammum loses hope in his legitimate excuse [for performing tayammum in place of wuḍūʾ or ghusl] expiring during the entire length of time for prayers, or, if he deems it probable that if he delays performing tayammum he will not be able to perform tayammum in time, he can perform tayammum before the time for prayers has set in; and if one performs tayammum for another obligatory or recommended act and his legitimate excuse remains valid until the time of prayer has set in, he can perform the prayer with that tayammum.
Ruling 704. If someone whose duty is to perform tayammum knows that his legitimate excuse will remain valid until the end of the time for prayers, or, if he loses hope in his legitimate excuse expiring, he can perform prayers with tayammum at any point during the entire length of time for the prayer. However, if one knows that his legitimate excuse will expire by the end of the time for prayers, he must wait and perform the prayer with ghusl or wuḍūʾ. If a person does not lose hope in his legitimate excuse expiring by the end of the time for prayers, he cannot perform tayammum and perform the prayer until the time that he loses hope unless he deems it probable that if he does not perform the prayer with tayammum earlier, he will not be able to perform the prayer by the end of its time even with tayammum.
Ruling 705. If someone who cannot perform wuḍūʾ or ghusl loses hope in his legitimate excuse expiring, he can perform his qaḍāʾ prayers with tayammum. However, if aerwards his legitimate
179 excuse expires, the obligatory precaution is that he must perform his qaḍāʾ prayers again with wuḍūʾ or ghusl; and if he does not lose hope in his legitimate excuse expiring, then based on obligatory precaution, he cannot perform tayammum for qaḍāʾ prayers.
Ruling 706. It is permied for someone who cannot perform wuḍūʾ or ghusl to perform recommended prayers that have a specific time - such as the daily supererogatory (nāfilah) prayer - with tayammum. However, if one does not lose hope in his legitimate excuse expiring before the end of the time for such prayers, the obligatory precaution is that he must not perform them at the start of their time. Recommended prayers that do not have a specific time can be performed with tayammum at any time.
Ruling 707. If someone performs jabīrah ghusl and tayammum as a precautionary measure, and aer performing jabīrah ghusl and tayammum he performs a prayer, and aer performing the prayer he has a minor occurrence85 - for example, he urinates - in such a case, for subsequent prayers he must perform wuḍūʾ; and in the event that the occurrence happens before prayers, he must perform wuḍūʾ for that prayer as well.
Ruling 708. If someone performs tayammum because he did not have water or because of some other legitimate excuse, then once that excuse expires, his tayammum becomes void.
Ruling 709. e things that invalidate wuḍūʾ also invalidate tayammum performed in place of wuḍūʾ; and the things that invalidate ghusl also invalidate tayammum performed in place of ghusl.
Ruling 710. If someone cannot perform ghusl and a few ghusls are obligatory on him, it is permied for him to perform one tayammum in place of all of them; but the recommended precaution is that he should perform one tayammum in place of each ghusl.
85 See the footnote pertaining to Ruling 384 for an explanation of this term. 180 Ruling 711. If someone who cannot perform ghusl wants to perform an act for which ghusl is obligatory, he must perform tayammum in place of ghusl; and if someone who cannot perform wuḍūʾ wants to perform an act for which wuḍūʾ is obligatory, he must perform tayammum in place of wuḍūʾ.
Ruling 712. If someone performs tayammum in place of the ghusl for janābah, it is not necessary for him to perform wuḍūʾ for prayers. Similarly, if the tayammum is in place of other ghusls [it is not necessary for him to perform wuḍūʾ for prayers], although in such a case, the recommended precaution is that he should perform wuḍūʾ as well; and if he cannot perform wuḍūʾ, he should perform another tayammum in place of wuḍūʾ.
Ruling 713. If someone performs tayammum in place of ghusl and aerwards something happens that invalidates wuḍūʾ, in the event that he cannot perform ghusl for subsequent prayers, he must perform wuḍūʾ; and the recommended precaution is that he should also perform tayammum; and if he cannot perform wuḍūʾ, he must perform tayammum instead.
Ruling 714. If someone’s duty is to perform tayammum and he performs it for some act, then as long as his tayammum and the legitimate excuse remain valid, he can perform those acts that must be performed with wuḍūʾ or ghusl. However, if his legitimate excuse was shortage of time, or, if despite having water he performed tayammum for ṣalāt al-mayyit or for sleeping, then with that tayammum he can perform only those acts for which he performed tayammum.
Ruling 715. In some cases, it is beer for one to make up the prayers he performed with tayammum:
1. he was fearful of using water and intentionally became junub and performed prayers with tayammum; 2. he knew or supposed that he would not find water and intentionally became junub and performed prayers with tayammum; 181 3. he intentionally did not go in search of water until the end of the time for prayers and performed prayers with tayammum and aerwards realised that if he had searched for water, he would have found it; 4. he intentionally delayed performing prayers and performed them with tayammum at the end of their time; 5. he knew or supposed that water would not be found and spilled the water he had and performed prayers with tayammum.
182
P (Ṣā) Prayer is the best act of worship; if it is accepted by the Lord of the worlds, then all other acts of ritual worship are accepted; and if it is not accepted, then all other acts of ritual worship are not accepted. In the same way that no dirt would remain on one’s body if he were to wash himself in a stream five times in a day, performing the five daily prayers cleanses a person of sins. It is befiing for one to perform prayers at the start of their prescribed time (awwal al-waqt), and one who considers prayers lowly and unimportant is like one who does not perform prayers. e most noble Prophet (Ṣ) said: ‘One who does not give importance to prayers and considers them unimportant deserves chastisement in the hereaer.’ Once, when His Eminence (Ṣ) was in the mosque, a man entered and began performing prayers but did not perform the bowing (rukūʿ) and prostration (sajdah) properly. His Eminence (Ṣ) said: ‘If this man dies while his prayers are like this, he will not leave this world adhering to my religion.’
erefore, one must be careful not to perform prayers in a hurry; and while performing prayers, one should remember Allah, be humble, submissive, dignified, and mindful of whom he is communicating with; and he should consider himself extremely low and insignificant in relation to the greatness and grandeur of the Lord of the worlds. If a person is completely mindful of this maer while performing prayers, he will become oblivious to his own self, just as the Commander of the Faithful, ʿAlī (ʿA), was when an arrow was pulled out from his blessed foot while he was performing prayers. Furthermore, one must repent and seek forgiveness and not commit sins that are obstacles to prayers being accepted; sins such as jealousy, pride, backbiting, eating unlawful (ḥarām) things, drinking intoxicating beverages, and not paying the one-fih tax (khums) or the alms-tax (zakat). In fact, one must refrain from all sins. Similarly, it is befiing that one does not do anything that diminishes the reward of prayers; for example, one should not perform prayers while sleepy or needing to go to the toilet, nor should one look at the sky while performing prayers. Instead, one should do things that increase the reward of prayers; for example, one should wear a ring with an agate (ʿaqīq) stone,
184 wear clean clothes, comb his hair, brush his teeth, and apply perfume.
THE OBLIGATORY (WĀJIB) PRAYERS
ere are six obligatory prayers:
1. the daily prayers; 2. the prayer of signs (ṣalāt al-āyāt); 3. the funeral prayer (ṣalāt al-mayyit); 4. the prayer for the obligatory circumambulation (ṭawāf) of the Kaʿbah; 5. the lapsed (qaḍāʾ) prayers of one’s father that, based on obligatory precaution (al-iḥtiyāṭ al-wājib), are obligatory on the eldest son to perform; 6. prayers that become obligatory on account of hire (ijārah), vow (nadhr), oath (qasam), or covenant (ʿahd).
e Friday prayer (ṣalāt al-jumuʿah) is regarded as one of the daily prayers.
THE OBLIGATORY DAILY PRAYERS
ere are five obligatory daily prayers: (1) midday (ẓuhr) and (2) aernoon (ʿaṣr) prayers - each of these are four units (rakʿahs); (3) at sunset (maghrib), which is three rakʿahs; (4) evening (ʿishāʾ), which is four rakʿahs; and (5) morning (ṣubḥ), which is two rakʿahs.
Ruling 716. While travelling, one must perform the four rakʿah prayers as two rakʿahs in accordance with the conditions that will be mentioned later.
THE TIME FOR THE MIDDAY (ẒUHR) AND AFTERNOON (ʿAṢR) PRAYER
Ruling 717. e time for ẓuhr and ʿaṣr prayers is from zawāl [i.e. the time aer midday when the sun begins to decline] (known as
185 the ‘legal midday’ (al-ẓuhr al-sharʿī))1 until sunset. However, in the event that one intentionally (ʿamdan) performs the ʿaṣr prayer before the ẓuhr prayer, his prayer is invalid (bāṭil), except if this happens at the end of the prescribed time and there is room for performing only one prayer, in which case if someone has not performed the ẓuhr prayer by then, his ẓuhr prayer is deemed to have become qaḍāʾ and he must perform the ʿaṣr prayer. If before this time someone mistakenly performs the whole of the ʿaṣr prayer before the ẓuhr prayer, his prayer is valid (ṣaḥīḥ), and he must then perform the ẓuhr prayer. And the recommended precaution (al-iḥtiyāṭ al-mustaḥabb) is that he should perform the second set of four rakʿahs with the intention (niyyah) to fulfil whatever his legal obligation happens to be (mā ī al-dhimmah).
Ruling 718. If someone inadvertently (sahwan) starts performing the ʿaṣr prayer before he has performed the ẓuhr prayer, and he realises this mistake in the middle of the prayer, he must change his intention to ẓuhr prayers, i.e. he must make the intention that whatever I have performed until now, and whatever I am performing right now, and whatever I will perform, is all part of the ẓuhr prayer. Aer completing the prayer, he must perform the ʿaṣr prayer.
THE FRIDAY PRAYER (ṢALĀT AL-JUMUʿAH) AND ITS LAWS
Ruling 719. e Friday prayer consists of two rakʿahs like the ṣubḥ prayer, with the difference that in the Friday prayer, two sermons must be delivered before it. e Friday prayer is an optional obligation (al-wājib al-takhyīrī), meaning that on Fridays, someone who is legally obliged to fulfil religious duties (mukallaf) has the option to either perform the Friday prayer - if all its conditions are fulfilled - or to perform the ẓuhr prayer; and if he 1 e legal midday is defined as the passing of the midway point of the day. For example, if the day is twelve hours long, the legal midday is aer the passing of six hours from the time of sunrise. If the day is thirteen hours long, the legal midday is aer the passing of six and a half hours from the time of sunrise. [Author] 186 performs the Friday prayer, it will suffice in place of the ẓuhr prayer.
Some conditions must be met in order for the Friday prayer to be obligatory:
1. the time for the prayer must have set in. is refers to the time of zawāl , or in other words, the time of ẓuhr.2 Furthermore, the time for the Friday prayer is that which is commonly regarded to be the beginning of zawāl, therefore, if the Friday prayer is delayed beyond this time, its time is deemed to be over and the ẓuhr prayer must be performed instead; 2. the number of people must be at least five, including the imam. If five Muslims do not gather, the Friday prayer does not become obligatory; 3. there must be an imam who meets all the conditions, such as being just (ʿādil) and all the other qualities that are required of an imam, which will be mentioned in the section on congregational (jamāʿah) prayers.3 In the absence of an imam, the Friday prayer does not become obligatory.
Some conditions must be met for the Friday prayer to be valid:
1. it must be performed in congregation; therefore, it is not correct (ṣaḥīḥ) to perform it on one’s own (furādā). If the follower (maʾmūm) of an imam in congregational prayers joins the prayer before the rukūʿ of the second rakʿah of the Friday prayer and performs one more rakʿah on his own, his Friday prayer is valid. However, if one joins in the rukūʿ of the second rakʿah, then based on obligatory precaution, he cannot suffice with this Friday prayer and he must perform ẓuhr prayers; 2. the imam must deliver two sermons before the prayer. In the first sermon, he must praise Allah, exhort the people to God-wariness (taqwā), and recite a short chapter (surah)
2 See Ruling 717. 3 See Rulings 1433-1439. 187 from the r’an. In the second sermon, again he must praise Allah, and he must pray for blessings to be showered upon the most noble Messenger (Ṣ) and the infallible Imams (ʿA); and the recommended precaution is that he should seek forgiveness for the believers. Furthermore, it is necessary that the sermons be delivered before the prayer; therefore, if the imam starts the prayer before the two sermons, it is incorrect. Delivering the sermons before ẓuhr time is problematic (maḥall al-ishkāl) [i.e. based on obligatory precaution, it is not correct].4 In addition, it is necessary that the person delivering the sermons be in a standing position; therefore, if he delivers the sermons in a siing position, it is incorrect. It is also necessary that he sits down a lile between the two sermons and that his siing be short and light. Furthermore, based on obligatory precaution, it is necessary that the imam of the congregation delivers the sermons himself, and that he praises Allah and prays for blessings to be showered upon the most noble Messenger (Ṣ) and the infallible Imams (ʿA) in the Arabic language; however, saying other things of the sermons in Arabic is not a requirement. Indeed, if most of the congregation do not understand Arabic, then the obligatory precaution is that exhorting the people to God-wariness must be said in the language of the congregation; 3. the distance between two Friday prayers must not be less than one farsakh;5 therefore, if another Friday prayer takes place at a distance of less than 3.4 miles, then, in the event that both prayers commenced together, both are invalid. And if one of them commences before the other - even to the extent of the takbīrat al-iḥrām6 - it is valid and the second one is invalid. However, if aer a Friday prayer has taken place it becomes known that another Friday prayer took place at the same time or before it at a distance of less than 4 As mentioned in Ruling 6, the term ‘problematic’ (maḥall al-ishkāl) amounts to saying the ruling is based on obligatory precaution. 5 A farsakh is a measure of distance equivalent to approximately 5.5 kilometres, or 3.4 miles. 6 Saying ‘allāhu akbar’ at the beginning of the prayer. 188 3.4 miles, it is not obligatory to perform the ẓuhr prayer. Furthermore, a Friday prayer can only have a prohibitive effect on another one taking place within the stipulated distance if it is a valid Friday prayer and fulfils all the conditions; otherwise, it does not have any prohibitive effect.
Ruling 720. Whenever the Friday prayer takes place with all its conitions fulfilled, if the one establishing it is the infallible Imam (ʿA) or his specific representative, it is obligatory to aend it; otherwise, it is not obligatory. In the first situation, however, it is not obligatory on the following groups of people to aend:
1. women; 2. slaves; 3. travellers, even those travellers whose duty is to perform the complete (tamām) form of the prayer, such as those who have made an intention to stay [at their destination for ten or more days]; 4. the sick, blind, and aged; 5. those who are more than two farsakhs [6.8 miles] from a place of Friday prayer; 6. those who find it difficult and hard to aend the Friday prayer on account of rain, severe cold, or suchlike.
Ruling 721. If the Friday prayer is obligatory on someone but he performs the ẓuhr prayer instead, his prayer is valid.
SOME LAWS CONCERNING THE FRIDAY PRAYER
1. Taking into consideration what was mentioned above - namely that the Friday prayer is not a fixed obligation (al-wājib al-taʿyīnī)7 during the time of the occultation (ghaybah) - it is permied (jāʾiz) to hasten for performing the ẓuhr prayer at the start of its prescribed time. 7 is is an act of worship for which there is no alternative act that a mukallaf could perform instead. e Friday prayer is not a fixed obligation during the time of the occultation because the ẓuhr prayer can be performed in its place. 189 2. Talking while the imam is delivering the sermons is disapproved (makrūh) ; and if it prevents others from listening to the sermons, then based on obligatory precaution, it is not permied. 3. Based on obligatory precaution, listening to the two sermons is obligatory; however, it is not obligatory on those who do not understand the sermons to listen to them. 4. It is not obligatory to be present at the time of the imam’s sermons.
THE TIME FOR THE PRAYER AT SUNSET (MAGHRIB) AND THE EVENING (ʿISHĀʾ) PRAYER
Ruling 722. If a person doubts (i.e. has a shakk) whether the sun has set or not and deems it probable that it is hidden behind mountains, buildings, or trees, he must not perform the maghrib prayer before the redness of the sky in the east - which appears aer sunset - has passed overhead. Even if one does not have such a doubt, he must, based on obligatory precaution, wait until the aforementioned time.
Ruling 723. For a person under normal circumstances, the time for the maghrib prayer is until midnight, but for a helpless person - who due to forgetfulness, oversleeping, menstruation (ḥayḍ), or suchlike did not perform prayers before midnight - the time for maghrib and ʿishāʾ prayers is extended until dawn. However, in both cases, the proper order between the two prayers must be observed, meaning that if the ʿishāʾ prayer is knowingly performed before the maghrib prayer, it is invalid unless the time remaining is sufficient only for performing the ʿishāʾ prayer, in which case it is necessary that one performs the ʿishāʾ prayer before the maghrib prayer.
Ruling 724. If someone mistakenly performs the ʿishāʾ prayer before the maghrib prayer and realises his mistake aer the prayer, his prayer is valid and he must perform the maghrib prayer aer it.
190 Ruling 725. If before performing the maghrib prayer one inadvertently engages in performing the ʿishāʾ prayer and realises during the prayer that he has made a mistake, in the event that he has not performed the rukūʿ of the fourth rakʿah, he must change his intention to the maghrib prayer, complete the prayer, and then perform the ʿishāʾ prayer. However, if he has performed the rukūʿ of the fourth rakʿah, he can complete the ʿishāʾ prayer and then perform the maghrib prayer.
Ruling 726. As previously mentioned, the time for the ʿishāʾ prayer for a person under normal circumstances ends at midnight. e night is the period from the beginning of sunset until dawn.
Ruling 727. If someone wilfully does not perform maghrib or ʿishāʾ prayers by midnight, he must, based on obligatory precaution, perform them before the time of the morning call to prayer (adhān) without making the intention of whether he is performing them in their prescribed time or not (adāʾ or qaḍāʾ).
THE TIME FOR THE MORNING (ṢUBḤ) PRAYER
Ruling 728. Near the time of the morning call to prayer, a whiteness in the sky moves upwards from the east, which is called ‘the first dawn’. When that whiteness spreads, it is ‘the second dawn’, which is the start of the prescribed time for the morning prayer. e end of the time for the morning prayer is when the sun rises.
LAWS RELATING TO THE TIME OF PRAYERS
Ruling 729. One can start performing prayers when he aains certainty (yaqīn) that the time has set in, or when two just men inform him that the time has set in. In fact, one can conclude that the time for the morning prayer has set in if he hears the adhān said by someone whom he knows is extremely careful in observing the time of prayers, or if he is informed by such a person, provided that he derives confidence (iṭmiʾnān) from it.
191 Ruling 730. If due to a personal impediment, such as blindness or being imprisoned, a person cannot perform prayers at the start of their prescribed time on account of being unable to aain certainty in the time having set in, he must delay his prayers until he is certain or confident that the time has set in. e same applies, based on obligatory precaution, if the impediment to one aaining certainty in the time having set in is due to non-personal hindrances, such as clouds, dust, or similar things.
Ruling 731. If through one of the ways that were mentioned previously it becomes established for someone that the time for prayers has set in and he starts to perform his prayer, and during the prayer he realises that the time has not set in yet, his prayer is invalid. e same applies if he realises aer the prayer that he performed the entire prayer before the time had set in. However, if during the prayer he realises that the time has set in, or, if he realises aer the prayer that during the prayer the time had set in, his prayer is valid.
Ruling 732. If a person is unaware of the fact that he must be certain that the time for prayers has set in and he starts performing the prayer, in the event that aer the prayer he realises that he had performed the entire prayer within its time, his prayer is valid. However, if he realises that he performed the prayer before the time had set in, or, if he does not know whether he had performed the prayer within its time or before it, his prayer is invalid. In fact, if he realises aer the prayer that the time had set in during the prayer, he must perform that prayer again.
Ruling 733. If a person is certain that the time has set in and starts his prayer, and during the prayer he doubts whether the time has set in or not, his prayer is invalid. However, if during the prayer he was certain that the time had set in and doubts aer completing the prayer whether the prayer he performed was within the time or not, his prayer is valid.
Ruling 734. If the time remaining for prayers is so lile that by
192 performing some of the recommended (mustaḥabb) acts of the prayer a part of the prayer would have to be performed aer its prescribed time, one must not perform those recommended acts. For example, if by performing the supplication that is recited with the hands placed in front of the face (qunūt) a part of the prayer would have to be performed aer its prescribed time, he must not perform qunūt. Furthermore, if he does perform that recommended act, his prayer is valid only if at least one rakʿah of it was performed within the prescribed time.
Ruling 735. Someone who has time to perform one rakʿah of the prayer must perform the prayer with the intention of adāʾ; however, he must not intentionally delay the prayer until this time.
Ruling 736. If someone who is not a traveller has time until sunset to perform five rakʿahs, he must perform the ẓuhr and ʿaṣr prayers in sequence; and if he has less time than this, he must first perform the ʿaṣr prayer and thereaer the ẓuhr prayer with the intention of qaḍāʾ. Similarly, if one has time until midnight to perform five rakʿahs, he must perform the maghrib and ʿishāʾ prayers in sequence; and if he has less time than this, he must first perform the ʿishāʾ prayer and thereaer the maghrib prayer without making the intention of adāʾ or qaḍāʾ.
Ruling 737. If someone who is a traveller has time until sunset to perform three rakʿahs, he must perform the ẓuhr and ʿaṣr prayers in sequence; and if he has less time than this, he must first perform the ʿaṣr prayer and thereaer the ẓuhr prayer with the intention of qaḍāʾ. If a person has time until midnight to perform four rakʿahs, he must perform the maghrib and ʿishāʾ prayers in sequence; and if he has time to perform only three rakʿahs, he must first perform the ʿishāʾ prayer and then the maghrib prayer so that he has performed one rakʿah of the maghrib prayer within its time. If he has time for less than three rakʿahs, he must first perform the ʿishāʾ prayer and thereaer the maghrib prayer without making the intention of adāʾ or qaḍāʾ and in the event that aer performing the ʿishāʾ prayer he realises that there is still time until midnight
193 for one or more rakʿahs, he must immediately perform the maghrib prayer with the intention of adāʾ.
Ruling 738. It is recommended that one performs prayers at the start of their prescribed time; this is something that has been highly advised. e nearer to the start of the prescribed time, the beer, unless delaying the prayer is beer for some reason; for example, someone waits a lile while in order to perform the prayer in congregation, on condition that it does not pass the prime time (waqt al-faḍīlah).8
Ruling 739. Whenever someone has a legitimate excuse (ʿudhr) that obliges him to perform his prayer with dry ablution (tayammum), if he wants to perform his prayer at the start of its prescribed time, in the event that he is not hopeful of his excuse expiring, or he deems it probable that even if he delays performing tayammum he will still be unable [to perform his prayer with ablution (wuḍūʾ)], in such a case, he can perform tayammum at the start of its prescribed time and perform his prayer. However, if he is hopeful, he must wait until his excuse expires or until he loses hope; and in the event that his excuse does not expire, he must perform his prayer at the end of its prescribed time. Furthermore, it is not necessary that he waits until he has time to perform only the obligatory acts of the prayer; rather, if he has time, he can perform tayammum and perform his prayer with the recommended acts, such as adhān, the call to stand for prayer (iqāmah), and qunūt. In the case of excuses other than those for which one can perform tayammum, even if one is hopeful that the excuse will expire, it is permied to perform prayers at the start of their prescribed time; however, in the event that the excuse expires within the prescribed time, it is necessary to repeat the prayer in some cases.
Ruling 740. If someone does not know the rulings (masāʾil) of prayers and cannot perform prayers correctly without learning the rulings, or, if he does not know what to do about doubts that
8 is refers to the early period of the prescribed time for a prayer during which there is more reward for performing it. 194 arise in prayers (shakkiyyāt) and about acts that are inadvertently le out (sahwiyyāt), and if he deems it probable that one of these issues will arise in his prayer and on account of not learning the rulings he will not perform an obligatory act or he will commit an unlawful act, in these cases, he must delay his prayer from the start of its prescribed time in order to learn the rulings. However, if he begins to perform his prayer at the start of its prescribed time with the hope that he will perform it correctly, and if during the prayer a problem for which he does not know the rule does not arise, his prayer is valid. However, if a problem for which he does not know the ruling arises, it is permied for him to act according to the more probable of two possibilities [concerning what he thinks the correct ruling is] in the hope that his responsibility is fulfilled, and to complete the prayer; and aer the prayer, he must find out about the ruling; and if his prayer was invalid he must perform it again, and if it was valid it is not necessary for him to repeat it.
Ruling 741. If there is ample time for prayers and a creditor asks to be paid what he is owed, one must first pay his debt and then perform his prayer, if this is possible. Similarly, if some other obligation arises that must be performed immediately - for example, one sees that the mosque has become impure (najis) - he must first purify the mosque and then perform his prayer. In both cases, in the event that he first performs his prayer, he commits a sin but his prayer is valid.
PRAYERS THAT MUST BE PERFORMED IN ORDER
Ruling 742. One must perform the ʿaṣr prayer aer the ẓuhr prayer, and the ʿishāʾ prayer aer the maghrib prayer; and if someone intentionally performs ʿaṣr before ẓuhr or ʿishāʾ before maghrib, the prayer is invalid.
Ruling 743. If a person starts to perform prayers with the intention of the ẓuhr prayer and while performing it realises that he has already performed the ẓuhr prayer, he cannot change his intention to the ʿaṣr prayer. Instead, he must break his prayer and
195 perform the ʿaṣr prayer; and the same applies to maghrib and ʿishāʾ prayers.
Ruling 744. If a person becomes certain during the ʿaṣr prayer that he has not performed the ẓuhr prayer and he changes his intention to the ẓuhr prayer, in the event that he remembers that he has actually performed the ẓuhr prayer, he can revert his intention to the ʿaṣr prayer and complete the prayer provided that he has not performed any obligatory components of the prayer with the intention of the ẓuhr prayer; but if he has, he must perform them again with the intention of the ʿaṣr prayer. However, if the act is an obligatory component of the rakʿah, his prayer in both cases is invalid. Similarly, if the act is a rukūʿ, or two sajdahs in one rakʿah, then based on obligatory precaution, his prayer is invalid.
Ruling 745. If a person doubts during the ʿaṣr prayer whether he has performed the ẓuhr prayer or not, he must complete the prayer with the intention of the ʿaṣr prayer and thereaer perform the ẓuhr prayer. However, if the time is so lile that aer completing the prayer the sun will set and there will not be enough time remaining to perform even one rakʿah, it is not necessary to make up the ẓuhr prayer aerwards.
Ruling 746. If a person doubts during the ʿishāʾ prayer whether he has performed the maghrib prayer or not, he must complete the prayer with the intention of the ʿishāʾ prayer and thereaer perform the maghrib prayer. However, if the time is so lile that aer completing the prayer the time will end and there will be not be enough time remaining to perform even one rakʿah, it is not necessary to make up the maghrib prayer aerwards.
Ruling 747. If a person doubts during the ʿishāʾ prayer aer reaching the rukūʿ of the fourth rakʿah whether he has performed the maghrib prayer or not, he must complete the prayer and thereaer perform the maghrib prayer provided that there is enough time remaining to do so.
196 Ruling 748. If a person performs a prayer and then performs it again as a precautionary measure, and during the prayer he remembers that he has not performed the prayer that was necessary for him to perform before it, he cannot change his intention to that prayer. For example, if when he performs the ʿaṣr prayer as a precautionary measure he remembers that he has not performed the ẓuhr prayer, he cannot change his intention to the zuhr prayer.
Ruling 749. Changing one’s intention from a qaḍāʾ prayer to an adāʾ prayer, or from a recommended prayer to an obligatory prayer, is not permied.
Ruling 750. If there is ample time for an adāʾ prayer, one can, during the prayer - in the event that he remembers he has an outstanding qaḍāʾ prayer to perform - change his intention to the qaḍāʾ prayer. However, for this to be acceptable, it must be possible to change the intention to a qaḍāʾ prayer; for example, if he has started to perform the ẓuhr prayer, he can change his intention to a qaḍāʾ ṣubḥ prayer only if he has not yet reached the rukūʿ of the third rakʿah.
RECOMMENDED (MUSTAḤABB) PRAYERS
Ruling 751. ere are many recommended prayers; they are called ‘supererogatory’ (nāfilah). From among the recommended prayers, the daily nāfilah prayers have been recommended more. ese number thirty-four rakʿahs (on days other than Friday): eight rakʿahs are the nāfilah of ẓuhr, eight of ʿaṣr; four of maghrib, two of ʿishāʾ, eleven of the night, and two of ṣubḥ. As the two rakʿahs of the nāfilah of ʿishāʾ must be performed in a siing position, they are counted as one rakʿah, based on obligatory precaution. On Fridays, four rakʿahs are added to the sixteen rakʿahs of ẓuhr and ʿaṣr; and it is beer that all twenty rakʿahs be performed before zawāl, except for two rakʿahs - it is beer to perform these at the time of zawāl.
197 Ruling 752. From among the eleven rakʿahs of the night nāfilah,9 eight rakʿahs must be performed with the intention of nāfilah of the night, two rakʿahs with the intention of the prayer of shafʿ, and one rakʿah with the intention of the prayer of witr. Full instructions on how to perform the nāfilah of the night are mentioned in the books of supplications (duʿāʾs).
Ruling 753. Nāfilah prayers can be performed in a siing position even if one does so voluntarily, and [if someone performs these prayers in a siing position,] it is not necessary to count two rakʿahs as one rakʿah. However, it is beer to perform them in a standing position, except for the nāfilah of ʿishāʾ, which must be performed in a siing position, based on obligatory precaution.
Ruling 754. A traveller must not perform the nāfilah of ẓuhr and ʿaṣr, and there is no problem if a traveller performs the nāfilah of ʿishāʾ with the intention of rajāʾ [i.e. in the hope that it is desired by Allah].
TIMINGS FOR THE DAILY SUPEREROGATORY (NĀFILAH) PRAYERS
Ruling 755. e nāfilah of ẓuhr is performed before the ẓuhr prayer, and its time commences from the time of ẓuhr and continues until the time it is possible to perform it before performing the ẓuhr prayer. However, if one delays performing the nāfilah of ẓuhr until the time that the shadow of an indicator (shākhiṣ), which is visible aer the time of ẓuhr, becomes two-sevenths the length of the indicator - meaning that if the length of the indicator is seven spans, the shadow becomes two spans in length - in such a case, it is beer to perform the ẓuhr prayer before the nāfilah prayer unless one has performed one rakʿah of the nāfilah prayer before [the shadow of the indicator becomes two-sevenths the length of the indicator], in which case it is beer to complete the nāfilah prayer before the ẓuhr prayer.
9 ese eleven rakʿahs are collectively referred to as ‘ṣalāt al-layl’ (the night prayer) or ‘ṣalāt al-tahajjud' (the night vigil prayer). 198 Ruling 756. e nāfilah of ʿaṣr is performed before the ʿaṣr prayer, and its time continues until the time it is possible to perform it before performing the ʿaṣr prayer. However, if one delays performing the nāfilah of ʿaṣr until the time that the shadow of an indicator becomes four-sevenths the length of the indicator, it is beer to perform the ʿaṣr prayer before the nāfilah prayer, except in the case mentioned in the previous ruling.
Ruling 757. e time for the nāfilah of maghrib is aer performing the maghrib prayer, and as much as possible, it should be performed aer performing the maghrib prayer within its prescribed time. However, if one delays performing the nāfilah of maghrib until the redness of the western sky - which is visible aer the sun sets - disappears, it is beer that one first performs the ʿishāʾ prayer.
Ruling 758. e time for the nāfilah of ʿishāʾ is aer performing the ʿishāʾ prayer until midnight, and it is beer that it be performed immediately aer the ʿishāʾ prayer.
Ruling 759. e nāfilah of the ṣubḥ prayer is performed before the ṣubḥ prayer, and its time commences aer the passing of the time of the night prayer (ṣalāt al-layl) in which ṣalāt al-layl can be performed. Its time continues until the time it is possible to perform the ṣubḥ prayer. However, if one delays performing the nāfilah of ṣubḥ until the redness of the eastern sky becomes visible, it is beer that one first performs the ṣubḥ prayer.
Ruling 760. Based on the well-known (mashhūr) juristic opinion, the commencement of the nāfilah of the night is midnight. Although this is more cautious and beer, it is not farfetched (baʿīd)10 that its commencement is the start of night and that its time continues until the time of the morning call to prayer; and it is beer that it be performed near the time of the morning call to prayer.
10 For practical purposes, a legal opinion that is termed ‘not farfetched’ equates to a fatwa. 199 Ruling 761. If a person wakes up at the appearance of daybreak, he can perform ṣalāt al-layl without making the intention of adāʾ or qaḍāʾ.
THE GHUFAYLAH PRAYER
Ruling 762. e ghufaylah [literally, ‘a brief state of unmindfulness’] prayer is one of the recommended prayers that is performed between maghrib and ʿishāʾ prayers. In the first rakʿah aer Surat al-Ḥamd, this verse is recited instead of a chapter: َ َ ُّ َّ َ َ ُ َ ً َ َ َّ َ َّ َّ ْ َ َ َ ْ َ َ َ ُّ ُ َ َ َّ َ َ َّ َ َ وذا اﺠ ِﻮن إِذ ذﻫﺐ ﻣﻐ ِﺎﺿﺒﺎ ﻓﻈﻦ أن ﻟﻦ ﻏﻘ ِﺪر ﻋﻠﻴ ِﻪ ﻓﻨﺎد ٰى ِﻲﻓ اﻟﻈﻠﻤ ِﺎت أن ﻻ إِ إِﻻ أﻧﺖ ُ ْ َ َ َ ّ ُ ُ َ َّ َ َ ْ َ َ ْ َ َ ُ َ َ َّ ْ َ ُ َ ْ َ ّ َ َ ٰ َ ُ ْ ُ ْ َ ﺳﺒﺤﺎﻧﻚ إِ ِ ﻛﻨﺖ ِﻣﻦ اﻟﻈﺎﻟِ ِﻤﻦﻴ. ﻓﺎﺳﺘﺠﺒﻨﺎ وﺠﻧﻴﻨﺎه ِﻣﻦ اﻟﻐ ِﻢ وﻛﺬﻟِﻚ ﻧ ِﻨ اﻟﻤﺆ ِﻣ ِﻨﻦﻴ. wa dhan nūni idh dhahaba mughāḍiban faẓanna al lan naqdira ʿalayhi fanādā īẓ ẓulumāti al lā ilāha illā anta subḥānaka innī kuntu minaẓ ẓālimīn. fastajabnā lahu wa najjaynāhu minal ghammi wa kadhālika nunjil muʾminīn And the Man of the Fish [Prophet Yūnus], when he le in a rage, thinking that We would not put him to hardship. en he cried out in the darkness, ‘ere is no god except You! You are immaculate! I have indeed been among the wrongdoers!’ So We answered his prayer and delivered him from the agony; and thus do We deliver the faithful.11
In the second rakʿah aer Surat al-Ḥamd, this verse is recited instead of a chapter: ْ َ َّ ْ ْ َّ َ َ ُ َ َ ُ َ ْ َ ْ َ ُ َ ُ َ ۚ َ َ ْ َ ُ َ َ ّ َ َ ْ ۚ َ َ َ ْ ُ ُ َ َ َ و ِﻋﻨﺪه ﻣﻔﺎﺗِﺢ اﻟﻐﻴ ِﺐ ﻻ ﻓﻌﻠﻤﻬﺎ إِﻻ ﻫﻮ وﻳﻌﻠﻢ ﻣﺎ ِﻲﻓ اﻟ ِﺮﺒ واﻛﺤ ِﺮ وﻣﺎ ﺗﺴﻘﻂ ِﻣﻦ ورﻗ ٍﺔ إِﻻ َ ْ َ ُ َ َ َ َ َّ ُ ُ َ ْ َ ْ َ َ َ ْ َ َ َ َّ َ ُّ ﻓﻌﻠﻤﻬﺎ وﻻ ﺣﺒ ٍﺔ ِﻲﻓ ﻇﻠﻤ ِﺎت اﻷر ِض وﻻ رﻃ ٍﺐ وﻻ ﻳﺎﺑِ ٍﺲ إِﻻ ِﻲﻓ ِﻛﺘ ٍﺎب ﻣ ِﺒ ٍﻦﻴ wa ʿindahu maātiḥul ghaybi lā yaʿlamuhā illā huwa wa yaʿlamu mā fil barri wal baḥri wa mā tasquṭu miw waraqatin illā yaʿlamuhā wa lā ḥabbatin ī ẓẓulumātil arḍi wa lā raṭbiw wa lā yābisin illā ī kitāābim mubīn With Him are the treasures of the Unseen; no one knows them except Him. He knows whatever there is in land and sea. No leaf 11 Surat al-Anbiyāʾ (Chapter 21), verses 87 & 88. 200 falls without His knowing it, nor is there a grain in the darkness of the earth, nor anything fresh or withered but it is in a manifest Book.12
In qunūt, this is recited: َ ّ َ َ ُ ْ َّ َ َ َّ َ َ َ َ ْ َ َ َ َ َ ْ ُ َ ْ َ ْ ُ َ ّ َ ٰ ُ َ َّ َّ ُ َ َّ َ ْ اﻢﻬﻠﻟ إِ ِ أﺳﺄﻟﻚ ﺑِﻤﻔﺎﺗِ ِﺢ اﻟﻐ ِﻴﺐ اﻟ ِ ﻻﻓﻌﻠﻤﻬﺎ إِﻻ أﻧﺖ، أن ﺗﺼ ِ َﻰﻠ ﺒﻟ ﺤﻣﻤ ٍﺪ و ِآل ﺤﻣﻤ ٍﺪ، و أن َ ْ َ َ ﻳﻔﻌﻞ ﺑِﻲ allāhumma innī asʾaluka bimaātiḥil ghaybil latī lā yaʿlamuhā illā ant, an tuṣalliya ʿalā muḥammadiw wa āli muḥammad, wa an tafʿala bī ___ O Allah! I ask You by the treasures of the Unseen that no one knows except You, to bless Muḥammad and the progeny of Muḥammad and to fulfil for me ___.
In the blank place, one should ask for his needs (ḥājāt) to be fulfilled and then recite: َ َ َ َ ْ َ َ ُّ ْ َ َ ْ َ ُ َ َ َ َ َ ْ َ ُ َ َ َ ْ ُ َ َ ّ ُ َ َّ َّ ُ َ َّ َ َ ْ َ اﻢﻬﻠﻟ أﻧﺖ و ِ ﻧِﻌﻤ ِ و اﻟﻘ ِﺎدر ٰﺒﻟ ﻃ ِﻠﺒ ِ ، ﻳﻌﻠﻢ ﺣﺎﺟ ِﺘﻲ ﻓﺄﺳﺄﻟﻚ ِﺤﺑ ِﻖ ﺤﻣﻤ ٍﺪ و ِآل ﺤﻣﻤ ٍﺪ ﻋﻠﻴ ِﻪ و َ َ ْ ُ َّ َ ُ َ َّ َ َ ْ َ َ ﻋﻠﻴ ِﻬﻢ اﻟﺴﻼم، ﻟﻤﺎ ﻗﻀﻴﺘﻬﺎ ِﻟﻲ allāhumma anta waliyyu niʿmatī wal qādiru ʿalā ṭalibatī, taʿlamu ḥājatī faʾasʾaluka bihaqqi muḥammadiw wa āli muḥammadin ʿalayhi wa ʿalayhimus salām, lammā qaḍaytahā lī O Allah! You are the Patron of my blessings and the One Powerful to respond to my request. You know my needs, so I ask You by the right of Muḥammad and the progeny of Muḥammad, peace be upon him and them, to fulfil them for me.
RULES OF QIBLA
Ruling 763. Qibla is the place of the Kaʿbah in Mecca, and prayers must be performed facing it. However, for someone who is far away, it is sufficient to stand in such a manner that it can be said he is performing prayers facing qibla. e same applies to other acts - such as slaughtering animals - that must be performed facing qibla.
12 Surat al-Anʿām (Chapter 6), verse 59. 201 Ruling 764. Someone who performs the obligatory prayers in a standing position must do so with his chest and stomach facing qibla, and his face must not divert a lot from qibla. And the recommended precaution is that his toes should also face qibla.
Ruling 765. Someone who must perform prayers in a siing position must do so with his chest and stomach facing qibla, and his face must not divert a lot from qibla.
Ruling 766. Someone who cannot perform prayers in a siing position must perform them lying on his side in a way that the front of his body faces qibla. Furthermore, as far as it is possible for him to lie on his right side, he must not lie on his le side, based on obligatory precaution; and if both of these positions are not possible for him, he must lie on his back in a way that the soles of his feet face qibla.
Ruling 767. e precautionary prayer (ṣalāt al-iḥtiyāṭ) and a forgoen sajdah or tashahhud (testifying) must be performed facing qibla. And based on recommended precaution, the prostration for inadvertence (sajdat al-sahw) should also be performed facing qibla.
Ruling 768. A recommended prayer can be performed while walking and riding, and if a person performs a recommended prayer in either of these two ways, it is not necessary that he faces qibla.
Ruling 769. Someone who wants to perform prayers must make efforts to find out the direction of qibla to the extent that he aains certainty - or that which comes under the rule (ḥukm) of certainty, such as the testimony of two just people, if their testimony is based on sensory perception and suchlike - about its direction. If he cannot, he must act in accordance with what he supposes to be the direction of qibla based on the position of the miḥrāb13 of a mosque, or the graves of believers, or by some other 13 is is a niche, chamber, or slab in a mosque that faces the direction of Mecca and where the imam usually stands for congregational prayers. 202 way. Even if he bases his supposition (ẓann) on the words of an immoral person or a disbeliever who knows the direction of qibla by employing scientific principles, it is sufficient.
Ruling 770. If someone who has a supposition about the direction of qibla arrives at a stronger supposition, he cannot act on his first supposition. For example, if a guest has a supposition about the direction of qibla through the words of his host, but he arrives at a stronger opinion in another way, he must not act on the words of his host.
Ruling 771. If someone does not have any means to find the direction of qibla, or despite his efforts he cannot arrive at a supposition as to its direction, it is sufficient for him to perform prayers facing one direction. Furthermore, the recommended precaution is that if there is enough time, he should perform prayers four times, each time facing one of the four compass directions [i.e. what he supposes to be north, east, south, and west].
Ruling 772. If a person is certain or supposes that qibla is in one of two directions, he must perform prayers in both of those directions.
Ruling 773. If someone who has to perform prayers in different directions wants to perform two prayers that must be performed one aer the other, such as the ẓuhr and ʿaṣr prayers, the recommended precaution is that he performs the first prayer in those different directions and then performs the second prayer in those different directions as well.
Ruling 774. If someone who is not certain about the direction of qibla wants to do something, other than perform prayers, that must be done facing qibla - for example, he wants to slaughter an animal - he must act on his supposition; and if acting on his supposition is not possible, performing the act in any direction is correct.
203 COVERING THE BODY IN PRAYERS
Ruling 775. While performing prayers, a man must cover his private parts even if no one sees him; and it is beer that he covers his body from the navel to the knees.
Ruling 776. While performing prayers, a woman must cover her entire body, even her head and hair; and based on obligatory precaution, she must cover her body in a way that even she cannot see it. erefore, if she wears a chador in a way that she can see her body, it is problematic [i.e. based on obligatory precaution, a woman must not wear a chador in such a way]. However, it is not necessary for a woman to cover her face, nor her hands below her wrists, nor her feet below her ankles. In order to be certain that she has covered the obligatory areas, she must also cover a lile of the sides of her face and a lile of the area below her wrists and ankles.
Ruling 777. When someone makes up a forgoen sajdah or tashahhud, he must cover himself in the same manner as when he performs prayers. And the recommended precaution is that he should cover himself in this manner when he performs sajdat al-sahw as well.
Ruling 778. If when performing prayers one intentionally does not cover his private parts, his prayers are invalid. If he does this on account of not knowing the ruling, in the event that he was negligent in not learning the ruling, he must, based on obligatory precaution, perform the prayers again.
Ruling 779. If someone realises during his prayers that his private parts are visible, he must cover them and it is not necessary for him to repeat his prayers. However, the obligatory precaution is that while he realises that his private parts are visible, he must not continue with any component of the prayer. And if he realises aer his prayer that during the prayer his private parts were visible, his prayer is valid.
204 Ruling 780. If some clothing covers one’s private parts while he is standing but it is possible that it would not cover them in other positions - for example, in the position of rukūʿ and sujūd (prostrating) - then, in the event that when his private parts are visible he covers them by some means, his prayer is valid. However, the recommended precaution is that he should not perform prayers with such clothing.
Ruling 781. When performing prayers, one can cover himself using grass and tree leaves. However, the recommended precaution is that he should only use these when he does not have clothing.
Ruling 782. If a person is in a helpless situation whereby he does not have anything with which to cover his private parts, he can cover them with mud and suchlike so that the skin is not visible.
Ruling 783. If a person does not have anything with which to cover himself while performing prayers, in the event that he has not lost hope in finding something to cover himself with, the obligatory precaution is that he must delay performing prayers; and if he does not find anything, he must perform his prayer in accordance with his duty at the end of the prescribed time. However, if he has lost hope, he can perform his prayer in accordance with his duty at the start of the prescribed time; and in this case, if he performs prayers at the start of the prescribed time and aerwards his excuse expires, it is not necessary for him to repeat his prayer.
Ruling 784. If someone who wants to perform prayers does not even have tree leaves, grass, mud, or sludge with which to cover himself, and if he is not hopeful of finding something before the end of the prayer’s prescribed time with which he could cover himself, then in case he is confident that someone from whom it is obligatory to cover his private parts will not see him, he must perform his prayer in a standing position and perform rukūʿ and sujūd normally. Furthermore, in the event that he deems
205 it probable that an onlooker (al-nāẓir al-muḥtaram)14 will see him, he must perform his prayer in such a manner that his private parts are not visible; for example, by performing it in a siing position. And if in order to prevent himself from being seen by an onlooker in each of these three states he is obliged to perform his prayer in a siing position and to leave out rukūʿ and sujūd, he must sit and perform rukūʿ and sujūd by sign. And if he is obliged to leave out only one of these three acts, he must leave out only that one. erefore, if he can stand only, he must perform rukūʿ and sujūd by sign; and if standing results in him being seen, he must sit and perform rukūʿ and sujūd normally. However, in this case, the recommended precaution is that he should combine this kind of siing and performing the prayer in a standing position with doing rukūʿ and sujūd by sign. And the obligatory precaution is that a naked person performing prayers must cover his private parts using some part of his body, such as his thighs in a siing position and his hands in a standing position.
CONDITIONS OF CLOTHING WORN BY SOMEONE PERFORMING PRAYERS
Ruling 785. e clothing worn by someone performing prayers must meet six conditions:
1. it must be pure (ṭāhir); 2. it must be permissible (mubāḥ) to wear, as an obligatory precaution; 3. it must not be made from the parts of the carcass [of an animal that has not been slaughtered in accordance to Islamic law]; 4. it must not be from a wild animal; and based on obligatory precaution, nor must it be from an animal whose meat is haram to eat; 5-6. if the person performing prayers is male, it must not be made from pure silk nor embroidered with gold. 14 Al-nāẓir al-muḥtaram (literally, a ‘respected onlooker’) is someone who is sane (ʿāqil), able to discern between right and wrong (mumayyiz), of the age of legal responsibility (bāligh), and not married to the person being seen. 206 e details of these conditions will be explained in the following rulings.
Ruling 786. The first condition: the clothing worn by a person performing prayers must be pure, and if someone voluntarily performs prayers with an impure body or with impure clothing, his prayers are invalid.
Ruling 787. If, on account of being negligent in learning the religious ruling a person does not know that prayers performed with an impure body or with impure clothing are invalid, or that, for example, semen is impure, and he performs prayer with it, the obligatory precaution is that he must perform the prayer again; and if the prescribed time has expired, he must make it up.
Ruling 788. If on account of not knowing the ruling a person performs prayers with an impure body or with impure clothing, and if he was not negligent in learning the ruling, then it is not necessary for him to perform the prayer again or to make it up.
Ruling 789. If someone is certain that his body or clothing is not impure and aer prayers realises that it was impure, his prayers are valid.
Ruling 790. If someone forgets that his body or clothing is impure and remembers it during or aer prayers, in the event that his forgetfulness was due to carelessness and heedlessness, he must, based on obligatory precaution, perform the prayer again; and if the prescribed time for the prayer has expired, he must make it up. Otherwise, it is not necessary for him to perform the prayer again. However, if he remembers it [i.e. that his body or clothing is impure] during prayers, he must act according to the instructions that will be mentioned in the next ruling.
Ruling 791. If a person starts performing a prayer when there is ample time, and during it he becomes aware that his body or clothing has become impure, and he deems it probable that it
207 became impure aer he started his prayer, then, in case his prayer would not be broken up by washing his body or by changing his clothing or by taking his clothing off, he must during the prayer wash his body or clothing, or change his clothing, or take his clothing off, as long as another thing covers his private parts. However, in the event that washing his body or clothing, or changing or removing his clothing, would break up the prayer, or, if by removing his clothing he would become naked, he must, based on obligatory precaution, perform his prayer again with pure clothing.
Ruling 792. If a person starts performing a prayer when time is short, and during it he realises that his clothing has become impure, and he deems it probable that it had become impure aer he started the prayer, then, in case his prayer would not be broken up by washing or changing it or by taking his clothing off, and he can remove his clothing, he must wash his clothing or change it, or take his clothing off, as long as another thing covers his private parts, and he must then complete his prayer. However, if nothing else covers his private parts and he cannot wash his clothing or change it, he must complete his prayer with the impure clothing.
Ruling 793. If a person starts performing a prayer when time is short, and during it realises that his body has become impure, and he deems it probable that it became impure aer he started his prayer, then in case washing his body would not break up the prayer, he must wash his body; and if it would break up the prayer, he must complete the prayer just as he is and his prayer is valid.
Ruling 794. If someone has a doubt about his body or clothing being pure, in the event that he investigates and does not see anything on it and performs prayers, and aer prayers he realises that his body or clothing was impure, his prayers are valid. However, if he does not investigate, then based on obligatory precaution, he must perform his prayer again; and in the event that the time has expired, he must make it up.
Ruling 795. If a person washes his clothing and is certain that it
208 has become pure and performs prayers with it, and aerwards he realises that it had not become pure, his prayers are valid.
Ruling 796. If someone sees some blood on his body or clothing and is certain that it not impure blood - for example, he is certain that it is the blood of a mosquito - then, in the event that aer prayers he realises that it was a type of impure blood with which prayers cannot be performed, his prayers are valid.
Ruling 797. If someone is certain that the blood on his body or clothing is impure blood with which prayers can be performed - for example, he is certain that it is the blood of a wound or a boil - then, in the event that he realises aer prayers that the blood was of the type with which prayers cannot be performed, his prayers are valid.
Ruling 798. If a person forgets that something is impure and his wet body or clothing touches it, and while he is in the state of forgetfulness he performs prayers with it and remembers it aer prayers, his prayers are valid. However, if his wet body touches an impure object that he had forgoen was impure, and without washing himself he performs ritual bathing (ghusl) and prayers, his ghusl and prayers are invalid unless by performing ghusl his body also becomes pure and the water does not become impure, like when ghusl is performed in running water. Furthermore, if a wet part of the body on which wuḍūʾ is performed touches an impure object that he had forgoen was impure, and before washing it he performs wuḍūʾ and prayers, his wuḍūʾ and prayer are invalid unless by performing wuḍūʾ the impure part on which wuḍūʾ is performed also becomes pure and the water does not become impure, like when wuḍūʾ is performed with kurr15 or running water.
Ruling 799. If someone possesses only one piece of clothing and his body and clothing become impure, and the water in his possession is enough to wash only one of them, the obligatory 15 A quantity of water greater or equal to approximately 384 litres. See Ruling 14. 209 precaution is to wash the body and to perform prayers with the impure clothing, and it is not permied to wash the clothing and perform prayers with an impure body. However, in case the impurity on his clothing is more than what is on his body, he has the choice of washing whichever one he wants.
Ruling 800. Someone who does not have any other clothing apart from impure clothing must perform prayers with impure clothing, and his prayers are valid.
Ruling 801. If someone who has two sets of clothing knows that one of them is impure but he does not know which one it is, in the event that he has sufficient time, he must perform prayers with each of them. For example, if he wants to perform the ẓuhr and ʿaṣr prayers, he must perform one ẓuhr prayer and one ʿaṣr prayer with each. However, if time is short and neither of them can be preferred based on the strength of probability, then whichever one he performs his prayer with will be sufficient.
Ruling 802. The second condition: based on obligatory precaution, it must be permissible (mubāḥ) for the person performing prayers to wear the clothing that covers his private parts. And if a person knows that wearing usurped (ghaṣbī) clothing is unlawful, or he does not know the ruling due to his own negligence, and if he intentionally performs prayers with that clothing, then based on obligatory precaution, his prayers are invalid. However, with regard to things that do not on their own cover the private parts and things that the person performing prayers has not yet worn - such as a big handkerchief or a loincloth that is placed in his pocket and which could cover his private parts - and things that he has worn but he has something else that is permissible for him to use and which covers his private parts, in all of these cases, the fact that they are usurped will not affect the validity of the prayer, although as a recommended precaution using such things should be avoided.
Ruling 803. If someone knows that wearing usurped clothing is unlawful but does not know the ruling on performing prayers with
210 it, and he intentionally performs prayers with usurped clothing, then as per the details mentioned in the previous ruling his prayers are invalid, based on obligatory precaution.
Ruling 804. If someone does not know his clothing is usurped or forgets that it is and performs prayers with it, his prayers are valid. However, if someone usurps some clothing himself and forgets that he has usurped it and performs prayers with it, then based on obligatory precaution, his prayers are invalid.
Ruling 805. If someone does not know or forgets that his clothing is usurped and realises this during prayers, in the event that something else covers his private parts and he can immediately or without breaking the close succession (muwālāh) - i.e. maintaining continuity in the prayer - remove the clothing and continue praying, he must do so. And if there is nothing else that covers his private parts from an onlooker or he cannot remove the usurped clothing, he must continue the prayer with that clothing and the prayer is valid.
Ruling 806. If someone performs prayers with usurped clothing in order to protect his life, then in case he cannot perform prayers with other clothing by the end of the prescribed time, or he has to wear it out of necessity due to no fault of his own - for example, he did not usurp it himself - his prayers are valid. Similarly, if he performs prayers in usurped clothing so that a thief does not steal it and he cannot perform prayers before the end of the prescribed time with other clothing, or he keeps it with the intention of returning it back to its owner as soon as possible, his prayers are valid.
Ruling 807. If a person purchases clothing with money on which the one-fih tax (khums) has not been paid, and the purchase is a non-specified undertaking (al-kullī ī al-dhimmah),16 as most 16 is refers to a purchase in which the actual thing with which the payment is made is not specified. For example, a buyer purchases some goods for £20 without specifying to the seller that he is purchasing the goods with a particular £20 note. 211 purchases are, the clothing is lawful (ḥalāl) for him and he owes khums on the money he paid for the clothing. However, if a person purchases clothing with the actual money on which khums has not been paid,17 then performing prayers with that clothing without the permission of a fully qualified jurist (al-ḥākim al-sharʿī) is ruled as being the same as performing prayers with usurped clothing.
Ruling 808. The third condition: the clothing that is large enough to cover the private parts on its own of someone performing prayers must not be made from the carcass [of an animal that has not been slaughtered in accordance to Islamic law] and whose blood gushes out when its jugular vein is cut. is condition, based on obligatory precaution, also applies to clothing that cannot cover the private parts on their own. And the recommended precaution is that one should not perform prayers with clothing that has been made from an animal whose blood does not gush out, such as a snake.
Ruling 809. If a person performs prayers while he has with him something from an impure carcass that contained life - such as a piece of meat or skin - his prayers are valid.
Ruling 810. If a person performs prayers while he has with him something from the carcass of an animal whose meat is lawful to eat, and if that thing does not contain life - such as fur or wool - or, if he performs prayers with clothing made from it, his prayers are valid.
Ruling 811. The fourth condition: the clothing of a person performing prayers - apart from things that do not cover the private parts on their own, such as socks - must not be made from a wild animal; in fact, based on obligatory precaution, it must not be made from an animal whose blood gushes out when its jugular vein is cut. Similarly, a person’s body and clothing must not be tainted with the urine, faeces, sweat, milk, or hair of such an 17 is is known as a ‘specified’ (shakhṣī) purchase and is not common. Here, the transaction takes place over money that has been singled out for that purchase. For example, a buyer tells the seller that he is purchasing the goods with such and such £20. 212 animal. However, there is no problem if one strand of hair of such an animal, for example, is on his clothing, and the same applies if he carries something on his person from that animal; for example, in a container or in a box.
Ruling 812. If saliva, nasal mucus, or any other moisture from an animal whose meat is unlawful to eat, such as a cat, is on the body or clothing of someone performing prayers and it is wet, his prayers are invalid. However, if it has dried up and the actual substance has been removed, his prayers are valid.
Ruling 813. ere is no problem if someone’s hair, sweat, or saliva is on the body or clothing of a person performing prayers, and the same applies to pearls, wax, and honey.
Ruling 814. If a person doubts whether some clothing is made from an animal whose meat is lawful or unlawful to eat - irrespective of whether it was made in an Islamic country or not - it is permied to perform prayers with it.
Ruling 815. It is not known if seashells are from the parts of animals whose flesh is unlawful to eat; therefore, it is permied for one to perform prayers with them.
Ruling 816. Wearing the fur of a squirrel in prayers is not a problem, although the recommended precaution is that prayers should not be performed with it.
Ruling 817. If a person performs prayers with clothing about which he does not know or has forgoen that it was made from an animal whose meat is unlawful, his prayers are valid.
Ruling 818. The fifth condition: wearing clothing embroidered with gold for men is unlawful, and prayers performed with it are invalid. However, for women, wearing it in prayers and at other times is not a problem.
213 Ruling 819. Wearing gold, such as a gold necklace, ring, and wrist watch is unlawful for men, and performing prayers with it is invalid. However, for women, wearing it in prayers and at other times is not a problem.
Ruling 820. If a man does not know, forgets, or has a doubt that his ring or clothing is made from gold and he performs prayers with it, his prayers are valid.
Ruling 821. The sixth condition: the clothing of a man performing prayers that can cover the private parts on its own must not be made of pure silk. Furthermore, it is unlawful for a man to wear such clothing at other times.
Ruling 822. If an entire sleeve or part of it is made out of pure silk, it is unlawful for a man to wear it, and prayers performed with it are invalid.
Ruling 823. It is permied [for a man] to wear clothing about which he does not know whether it is made out of pure silk or something else, and there is no problem in performing prayers with it.
Ruling 824. ere is no problem if a silk handkerchief or similar item is in the pocket of a man, and it does not invalidate prayers.
Ruling 825. For women, there is no problem in wearing silk clothing in prayers and at other times.
Ruling 826. [For a man,] there is no a problem in wearing pure silk clothing or clothing embroidered with gold if he is compelled to. Also, someone who is compelled to wear clothing and does not have any other clothing except these can perform prayers with them.
Ruling 827. If a person does not have clothing other than clothing that is usurped, or made of pure silk, or embroidered with gold, and if he is not compelled to wear clothes, he must perform prayers in
214 accordance with the instructions that were mentioned regarding someone who is naked.18
Ruling 828. If a person does not have clothing other than that made from a wild animal, in the event that he is compelled to wear it, he can perform prayers with it provided that the necessity for him to do so remains until the end of the prescribed time. However, if he is not compelled, he must perform prayers in accordance with the instructions that were mentioned regarding someone who is naked. And if a person does not have clothing other than that made from an animal whose meat is unlawful to eat but is not a wild animal, in the event that he is not compelled to wear it, the obligatory precaution is that he must perform prayers twice: once with that clothing, and once in accordance with the instructions that were mentioned regarding someone who is naked.
Ruling 829. If a person does not have anything with which he can cover his private parts in prayers, it is obligatory on him to procure such a thing even if he has to hire or purchase it. However, if procuring it requires an amount of money that is a lot in relation to what he can afford, or, if spending money on it would cause him some harm, he can perform prayers in accordance with the instructions that were mentioned regarding someone who is naked.
Ruling 830. If someone who does not have clothing is gied or loaned some clothing by someone else, in the event that accepting it does not cause him excessive difficulty (mashaqqah), he must accept it. In fact, if borrowing or asking for clothing is not difficult for him, he must ask or borrow it from someone who has it.
Ruling 831. Wearing clothing made of a material, colour, or style that is not normal for someone who wants to wear it is unlawful if it would cause him disrespect and humiliation. However, if he performs prayers with that clothing - even if it is the only thing that covers his private parts - his prayers are valid.
18 See Rulings 781-784. 215 Ruling 832. It is not unlawful for a man to wear the clothing of a woman, nor for a woman to wear the clothing of a man, and performing prayers with such clothing does not invalidate the prayer. However, based on obligatory precaution, it is not permied for a man to appear in the form of a woman, and similarly vice versa.
Ruling 833. With regard to the bed sheet or quilt that is used by someone who must perform prayers while lying down, it is not necessary for it to fulfil the conditions of clothing of someone performing prayers unless it is used in such a way that it can be said it is worn, like if he were to wrap himself in it.
CASES WHEN IT IS NOT NECESSARY FOR THE BODY AND CLOTHING OF SOMEONE PERFORMING PRAYERS TO BE PURE
Ruling 834. In three cases - the details of which will follow aerwards - if the body or clothing of someone performing prayers is impure, his prayers are valid:
1. if due to a wound, sore, or boil on his body the clothing or his body has become impure with blood; 2. if the amount of blood that has made his body or clothing impure is less than a dirham. Based on obligatory precaution, a dirham is equal to the size of the upper joint of the thumb; 3. if he is compelled to perform prayers with an impure body or clothing.
In one case, if the clothing of someone performing prayers is impure, his prayers are valid, and that is when his small items of clothing - such as his socks and cap - are impure.
e laws (aḥkām) of these four situations will be explained in detail in the following rulings.
216 Ruling 835. If blood from a wound, sore, or boil is on the body or clothing of someone performing prayers, he can perform prayers with that blood as long as the wound, sore, or boil has not healed. e same applies to pus that comes out with blood, or any medicine that is applied to the wound and which becomes impure.
Ruling 836. If blood from a cut or wound that heals quickly and is easy to wash is on the body or clothing of someone performing prayers, and it is the size of a dirham or more, his prayers are invalid.
Ruling 837. If a part of one’s body or clothing that is distant from a wound becomes impure by means of the moisture from the wound, it is not permied to perform prayers with it. However, if part of one’s body or clothing around the wound becomes impure by means of the moisture from the wound, there is no problem in performing prayers with it.
Ruling 838. If a person’s body or clothing has blood on it from piles or a wound that is inside one’s mouth or nose etc., he can perform prayers with it; and it makes no difference whether the swollen haemorrhoid vessels are internal or external.
Ruling 839. If there is a wound on one’s body and he sees blood that is more than a dirham on his body or clothing but does not know whether it is blood from the wound or not, the obligatory precaution is that he must not perform prayers with it.
Ruling 840. If there are several wounds on one’s body and they are so close to each other that they are considered to be one wound, there is no problem in performing prayers with that blood until the time all the wounds heal. However, if the wounds are so far apart from one another that each of them is considered to be a separate wound, then whenever one of them heals, he must wash the blood from his body and clothing in order to perform prayers.
Ruling 841. If there is even the tiniest amount of ḥayḍ blood on
217 the body or clothing of someone performing prayers, the prayers are invalid. Furthermore, based on obligatory precaution, the same applies with regard to blood from an intrinsic impurity (ʿayn al-najāsah) - such as a pig or a corpse - and blood from an animal whose meat is unlawful to eat, the blood of lochia (niās), and the blood of an irregular blood discharge (istiḥāḍah). However, there is no problem in performing prayers if there are other types of blood on one’s body or clothing - such as blood from a human being or from an animal whose meat is lawful to eat - even if it is on a number of areas of the body or clothing, provided that their combined area is less than that of a dirham.
Ruling 842. If blood spills on clothing that does not have a lin- ing and it reaches the other side, it is considered to be one blood; and the side on which the blood has spread more must be taken into account [when determining whether or not it is equal to or more than the size of a dirham]. However, if the other side of the clothing becomes bloody separately, then each side must be considered separately. erefore, if the combined area of blood on the front and back of the clothing is less than a dirham, prayers with it are valid; but if it is equal to or more than the size of a dirham, then prayers performed with it are invalid.
Ruling 843. If blood spills on clothing that has a lining and reaches the lining, or it spills on the lining and reaches the upper layer of the clothing, or from one piece of clothing it reaches another piece, in each of these cases, the blood must be considered to be separate. erefore, if the combined area of blood is less than a dirham, the prayers are valid; otherwise, they are invalid unless the areas are joined together such that they would be commonly considered to be one area of blood, in which case if the area of blood on the side that has spread more is less than a dirham, prayers with it are valid; but if it is the size of a dirham or more, then prayers performed with it are invalid.
Ruling 844. If the area of blood on one’s body or clothing is less than the size of a dirham, and some moisture reaches it and spreads
218 it further, prayers performed with it are invalid even if the area of the blood and the moisture is not equal to the size of a dirham. However, if moisture only reaches the blood without spreading it, there is no problem in performing prayers with it.
Ruling 845. If a person’s body or clothing has not become bloody but on account of moisture reaching the blood it becomes impure, he cannot perform prayers with it even if the area that has become impure is less than the size of a dirham.
Ruling 846. If the area of blood on one’s body or clothing is less than the size of a dirham and another impurity reaches it - for example, a drop of urine falls on it - then in case it reaches a pure part of the body or clothing, it is not permied to perform prayers with it. In fact, even if it does not reach a pure part of the body or clothing, based on obligatory precaution, it is not correct to perform prayers with it.
Ruling 847. If the small items of clothing of someone performing prayers that cannot cover the private parts - such as socks or a cap - become impure, in the event that they are not made from an impure carcass or from an animal that is an intrinsic impurity - such as a dog - prayers performed with it are valid. However, if they are made from an impure carcass or from an impure animal, then based on obligatory precaution, prayers performed with them are invalid. ere is no problem, however, in performing prayers with an impure ring.
Ruling 848. It is permied for someone performing prayers to have with him an impure object like an impure handkerchief, key, or knife. Similarly, there is no problem in having impure clothing with him [that is not worn].
Ruling 849. If a person knows that the area of blood on his body or clothing is less than the size of a dirham, but he deems it probable that the blood may be of a type that is not excusable in prayers, it is permied for him to perform prayers with that blood.
219 Ruling 850. If the area of blood on one’s body or clothing is less than the size of a dirham, but he does not know that it is a type of blood that is not excusable in prayers and performs prayers, and aerwards he realises that it was a type of blood that is not excusable in prayers, it is not necessary for him to perform the prayer again. Similarly, if he believes that the amount of blood is less than the size of a dirham and performs prayers, and aerwards he realises that it was equal to or more than the size of a dirham, it is not necessary for him to perform the prayer again.
THINGS THAT ARE RECOMMENDED (MUSTAḤABB) FOR THE CLOTHING OF SOMEONE PERFORMING PRAYERS
Ruling 851. e jurists (fuqahāʾ) - may Allah sanctify their souls - have known some things to be recommended for the clothing of someone performing prayers. ese include: wearing a turban (ʿammāmah) with its final fold passing under the chin (taḥt al-ḥanak), wearing a cloak that rests on the shoulders (ʿabā), wearing white, wearing clothing that is very clean, applying perfume, and wearing an agate (ʿaqīq) ring.
THINGS THAT ARE DISAPPROVED (MAKRŪH) FOR THE CLOTHING OF SOMEONE PERFORMING PRAYERS
Ruling 852. e jurists - may Allah sanctify their souls - have known some things to be disapproved for the clothing of someone performing prayers. ese include: wearing black clothes, wearing dirty or tight clothes, wearing the clothes of someone who drinks alcohol, wearing the clothes of someone who does not refrain from impure things, wearing clothes that have a picture of a face on them, leaving buons open, and wearing a ring that has a picture of a face on it.
THE PLACE WHERE PRAYERS ARE PERFORMED
e place where prayers are performed must fulfil seven conditions.
220 The first condition: it must be permissible to use, based on obligatory precaution.
Ruling 853. If someone performs prayers on usurped property, even if it is a carpet, couch, or something similar, then based on obligatory precaution, his prayers are invalid. However, there is no problem in performing prayers under a usurped roof or in a usurped tent.
Ruling 854. Performing prayers on property whose benefit belongs to someone else without the permission of the one who benefits from the property is ruled as being the same as performing prayers on usurped property. For example, if in a rented house the landlord or someone else performs prayers there without the permission of the tenant, then based on obligatory precaution, his prayers are invalid.
Ruling 855. If someone is siing in a mosque and another person takes his place and without his permission performs prayers there, his prayers are valid although he has commied a sin.
Ruling 856. If a person does not know or has forgoen that a certain place is usurped and performs prayers there, and aer his prayers he realises or remembers it is usurped, his prayers are valid. However, if someone has usurped a place himself but forgets and performs prayers there, then based on obligatory precaution, his prayers are invalid.
Ruling 857. If someone knows that a certain place is usurped and that using it is unlawful, but he does not know that there is a problem in performing prayers in a usurped place and performs prayer there, then based on obligatory precaution, his prayers are invalid.
Ruling 858. If someone is compelled to perform an obligatory prayer while riding, in the event that the animal, its saddle, or horseshoe is usurped, then based on obligatory precaution,
221 his prayer is invalid. e same applies if he wants to perform a recommended prayer while riding that animal.
Ruling 859. If someone owns a property in partnership with someone else, and if his share is not separately defined, he cannot use that property without the permission of his partner; and based on obligatory precaution, prayers performed there are invalid.
Ruling 860. If a person purchases property with money on which khums has not been paid and the purchase is a non-specified undertaking (al-kullī ī al-dhimmah),19 as most purchases are, then using it is lawful for him and he owes khums on the money he paid for the property. However, if a person purchases property with the actual money on which khums has not been paid,20 then using that property without the permission of a fully qualified jurist is unlawful; and based on obligatory precaution, prayers performed there are invalid.
Ruling 861. If the owner of a property verbally gives permission to perform prayers there but one knows that in reality he does not consent, performing prayers on his property is not permied. And if he does not give permission and one is certain that in reality he consents, performing prayers there is permied.
Ruling 862. If a dead person owes money in alms tax (zakat) or to people, there is no problem in using his property with the permission of his heirs provided that the use does not conflict with the paying of his debt, such as performing prayers in his house. Similarly, if the heirs pay his debt, or take it upon themselves to pay his debt, or keep aside the amount of his debt from his estate, there is no problem in using his property even if this causes it to be ruined.
19 is type of purchase is known as a ‘non-specified undertaking’. See the first footnote pertaining to Ruling 807. 20 is is known as a ‘specified’ (shakhṣī) purchase. See the second footnote pertaining to Ruling 807. 222 Ruling 863. If some of the heirs of a dead person are minors (ṣaghīr), insane, or absent, using the property without the permission of the guardian (walī) of those heirs is unlawful, and performing prayers there is not permied. However, there is no problem in using it in a normal way to start preparations for the burial of the corpse.
Ruling 864. Performing prayers on someone else’s property is permied only when the owner clearly gives permission to do so, or he says something that indicates he has given permission - such as giving someone permission to sit and sleep there, by which it can be understood that he has given permission for prayers to be performed there as well - or, when one derives confidence by some other way that the owner consents.
Ruling 865. It is permied to perform prayers on a vast expanse of land even if its owner is a minor or insane, or he does not consent to prayers being performed there. Similarly, it is permied to perform prayers without the consent of the owner in gardens and on land that do not have gates or walls. However, in this case, if one knows that the owner does not consent, he must not use it. And if the owner is a minor or insane, or if one supposes that he does not consent, the obligatory precaution is that he must not use it nor perform prayers there.
Ruling 866. The second condition: the place where obligatory prayers are performed must not move so vigorously that it would prevent the person performing prayers from standing and performing rukūʿ and sujūd. normally; in fact, based on obligatory precaution, the movement must not prevent his body from being steady. And if due to shortage of time or any other reason one is compelled to perform prayers in such a place - for example, in certain types of cars or on a ship or train - he must remain still and face qibla as much as possible. If the vehicle moves away from the direction of qibla, he must turn and face the qibla again; and if it is not possible to face qibla precisely, he must try to ensure that the difference is less than ninety degrees; and if this is not possible, he must face qibla at least while performing takbīrat al-iḥrām; and if even this is not possible, it is not necessary for him to face qibla.
223 Ruling 867. Performing prayers in a car, ship, train etc. is permied while it is standing still. e same applies when it is moving provided that it does not move to such an extent that it prevents the body of the person performing prayers from being steady.
Ruling 868. Prayers performed on a pile of wheat, barley, and similar things on which one cannot remain stable are invalid.
The third condition: one must perform prayers in a place where he deems it probable that he will complete them. However, if one is confident that he will not be able to complete his prayers in a place on account of wind, rain, or there being a lot of people around and suchlike, he must perform prayers with the intention of rajāʾ; and if he happens to complete his prayer, there is no problem.
Ruling 869. If a person performs prayers at a place where it is unlawful to stay - for example, under a roof that is close to collapsing - his prayers are valid although he will have commied a sin.
Ruling 870. Performing prayers on something that is unlawful to stand or sit on - such as a place on a mat that has Allah’s name wrien on it - is not correct in the event that it prevents one from establishing an intention to aain proximity to Allah (qaṣd al-qurbah).
The fourth condition: the ceiling of the place where one performs prayers must not be so low that he cannot stand up straight; and the place must not be so small that there is no room to perform rukūʿ and sujūd.
Ruling 871. If a person is compelled to perform prayers in a place where it is not at all possible to stand up straight, it is necessary that he performs prayers in a siing position; and if performing rukūʿ and sujūd is also not possible, he must perform them by indications of the head.
224 Ruling 872. One must not [i.e. it is a sin to] perform prayers with his back to the grave of the Prophet (Ṣ) or the Imams (ʿA) if it is disrespectful to them; otherwise, there is no problem in it [i.e. it is not a sin if it is not disrespectful to them]. In both cases, however, his prayers would be valid.
The fifth condition: If the place where a person performs prayer is impure, it must not be so wet that its moisture reaches his body or clothing in case the impurity is of the type that invalidates prayers. However, if the place where one places his forehead is impure, the prayers are invalid even if the place is dry. And the recommended precaution is that the place where one performs prayers should not be impure at all.
The sixth condition: Based on obligatory precaution, a woman must stand behind a man at least to the extent that the place of her sajdah is level with the place of his knees when he performs sajdah.
Ruling 873. If a woman stands level with or in front of a man and they both start prayers together, then based on obligatory precaution, they must perform the prayer again. e same applies if one of them starts prayers before the other.
Ruling 874. If a man and a woman stand level with each other or a woman stands in front and they perform prayers, and if there is a wall, curtain, or something else between them so that they cannot see one another, or the distance between them is more than ten cubits (dhirāʿs) (equivalent to approximately four and a half metres), then in these cases, the prayers of both of them are valid.
The seventh condition: e place of one’s forehead must not be higher or lower than the height of four fingers closed together in relation to the place of his knees and big toes. e details of this ruling will be mentioned in the section on sajdah.
Ruling 875. It is unlawful for a man and a woman who are not
225 maḥram21 to be in a secluded place together if there is a probability of a sin taking place; and the recommended precaution is that prayers should not be performed there.
Ruling 876. It is not unlawful to perform prayers in a place where there is singing and unlawful music, even though listening to it and using it is sinful.
Ruling 877. e obligatory precaution is that obligatory prayers must not be wilfully performed inside the Kaʿbah or on its roof. ere is no problem, however, if one is compelled to.
Ruling 878. ere is no problem in performing recommended prayers inside the Kaʿbah or on its roof. In fact, it is recommended to perform a two rakʿah recommended prayer inside the Kaʿbah in front of each corner.
PLACES WHERE PERFORMING PRAYERS IS RECOMMENDED (MUSTAḤABB)
Ruling 879. In the sacred law of Islam, it has been highly advised to perform prayers in a mosque; and the best of all mosques is Masjid al-Ḥarām, and aer that the Mosque of the Prophet (Ṣ), and aer that the Mosque of Kufa, and aer that the al-Aqsa Mosque, and aer that the jāmiʿ mosque22 of every town, and aer that one’s local mosque, and aer that a mosque in the bazaar.
Ruling 880. It is beer that women perform their prayers in a place where it is more likely that they will not be seen by those who are not maḥram to them, whether that place be at home, in a mosque, or somewhere else.
21 A maḥram is a person whom one is never permied to marry on account of being related to them in a particular way; for example, by being their parent or sibling. 22 As defined in Ruling 1728, a jāmiʿ mosque is one that is not particular to a specific group of people but is frequented by people from different areas of the town. 226 Ruling 881. Performing prayers in the shrines (ḥarams) of the Imams (ʿA) is recommended; indeed, it is beer than in a mosque. It has been reported that a prayer in the sacred shrine of His Eminence the Commander of the Faithful [Imam ʿAlī] (ʿA) is equal to 200,000 prayers.
Ruling 882. It is recommended to frequently go to a mosque and to go to a mosque that does not have people performing prayers there. Furthermore, it is disapproved for the neighbours of a mosque to perform prayers in any place other than in the mosque without a legitimate excuse.
Ruling 883. It is recommended that one should not sit to eat with someone who does not aend a mosque, nor should one seek his advice on maers, be his neighbour, take his daughter in marriage, or give him a daughter in marriage.
PLACES WHERE PERFORMING PRAYERS IS DISAPPROVED (MAKRŪH)
Ruling 884. Performing prayers is disapproved in a number of places, including:
1. a public bath; 2. on saliferous land; 3. facing a person; 4. facing an open door; 5. on a street, road, and in an alley, in the event that it does not cause trouble for passers-by; and in the event that it does cause them trouble, it is unlawful; 6. facing a fire or lamp; 7. in a kitchen and at every place where there is a furnace; 8. facing a pit or ditch where people urinate; 9. facing a picture or statue of a living thing, unless it is covered; 10. in a room where a junub23 is present; 23 Junub is the term used to refer to a person who is in the state of ritual impurity (janābah). Janābah is explained in Ruling 344. 227 11. in a place where there is a picture, even if it is not facing the person performing prayers; 12. facing a grave; 13. on a grave; 14. in between two graves; 15. in a graveyard.
Ruling 885. If a person performs prayers in a place where people pass-by, or, if someone is in front of him, it is recommended that he places something in front of him; and it is sufficient if that thing is some wood or rope.
LAWS OF A MOSQUE
Ruling 886. It is unlawful to make the floor, ceiling, roof, and walls inside a mosque impure, and whoever finds out that it has become impure must immediately purify it. Furthermore, the recommended precaution is that the outside walls of the mosque should not be made impure as well, but if they become impure it is not necessary to purify them. However, if making the outside walls of a mosque impure amounts to disrespect of the mosque, it is of course unlawful, and it is necessary to purify them to the extent that it is no longer considered disrespectful.
Ruling 887. If someone cannot make a mosque pure or needs help to do so but does not find it, it is not obligatory on him to make it pure. However, in the event that he knows that if he informs someone else it would be done, then, if leaving the impurity as it is would cause disrespect to the mosque, he must inform the other person.
Ruling 888. If a place in a mosque becomes impure and it cannot be made pure without digging it up or demolishing it, the impure place must be dug up or demolished provided that it is only a lile area or rectifying the disrespect caused to the mosque is dependent on digging up or demolishing it totally; otherwise, demolishing it is problematic [i.e. based on obligatory precaution,
228 it must not be demolished]. Furthermore, filling the place that is dug up, or rebuilding the place that has been demolished, is not obligatory. However, if something like a brick of the mosque becomes impure, then aer it is washed it must be put back in its original position, if possible.
Ruling 889. If someone usurps a mosque and builds a house or something similar in its place, or, if it becomes ruined to the extent that it can no longer be called a mosque, then making it impure is not unlawful, nor is it obligatory to purify it.
Ruling 890. It is unlawful to make the shrines of the Imams (ʿA) impure. If one of the shrines becomes impure, in the event that it remaining impure is disrespectful, it is obligatory to make it pure. In fact, the recommended precaution is that even if it is not disrespectful, it should be made pure.
Ruling 891. If the ḥaṣīr24 or carpet of a mosque becomes impure, it must be washed, and if cuing out the impure part is beer, it must be cut out. However, cuing out a considerable amount, or making it pure by causing damage to it, is problematic [i.e. based on obligatory precaution, it must not be done], unless leaving it causes disrespect.
Ruling 892. Taking something that is an intrinsic impurity, or something that has become impure by secondary means (mutanajjis), into a mosque is unlawful if it causes disrespect to the mosque. In fact, the recommended precaution is that even if it is not disrespectful, an intrinsic impurity should not be taken into a mosque unless it is something that naturally follows a person who enters a mosque, such as blood of a wound that is on one’s body or clothing.
Ruling 893. If for the purposes of holding mourning ceremonies a mosque is draped in curtains and covered in rugs and black cloth,
24 A mat that is made by plaiting or weaving straw, reed, or similar materials of plant origin. 229 and if utensils for serving tea are brought into it, then as long as these actions do not damage the mosque and do not obstruct the performing of prayers in it, there is no problem.
Ruling 894. e obligatory precaution is that a mosque must not be decorated with gold; and the recommended precaution is that it should not be decorated with things that have the form of a human being, or an animal, or anything else that has a soul.
Ruling 895. Even if a mosque is ruined, it is not permied to sell it or to make it part of another property or road.
Ruling 896. Selling the doors, windows, and other things of a mosque is unlawful; and if a mosque becomes ruined, these things must be used solely for the renovation of the same mosque. And in the event that they are of no use to that mosque, they must be used in another mosque; and if they are of no use to any other mosques, they can be sold and the proceeds must be used solely for the renovation of that same mosque, if possible. If this is not possible either, the proceeds must be used on the renovation of another mosque.
Ruling 897. It is recommended to build a mosque and to renovate one that is close to ruin. If a mosque is ruined to the extent that it is not possible to renovate it, it can be demolished and rebuilt. In fact, in order to meet a need of the people, a mosque that is not ruined can be demolished and a bigger mosque built.
Ruling 898. It is recommended for one to clean a mosque and to turn on its lights. For someone who wants to visit a mosque, it is recommended to apply perfume, wear clean and good clothes, and to ensure that the soles of his shoes do not contain any impurity. When entering the mosque, it is recommended for one to place his right foot in first, and when leaving it, to exit by puing his le foot out first. It is also recommended that one should come to the mosque earlier than everyone else and to leave it later than everyone else.
230 Ruling 899. It is recommended that when a person enters a mosque, he should perform a two rakʿah prayer with the intention of saluting (taḥiyyah) and respecting (iḥtirām) the mosque; and if he performs an obligatory prayer or another recommended prayer, it is sufficient.
Ruling 900. It is disapproved for a person to sleep in a mosque (unless he is compelled to), and to talk about worldly affairs, engage in cra, recite poetry (unless it exhorts people to good), and similar things. It is also disapproved to discharge nasal mucus, saliva, and phlegm in a mosque; in fact, in some cases it is unlawful. Furthermore, it is disapproved to look for something lost or to raise one’s voice in a mosque; however, there is no problem in raising one’s voice for adhān.
Ruling 901. It is disapproved to give access to an insane person to enter a mosque, and similarly, to a child if it causes trouble for those performing prayers there or there is a probability that the child would make the mosque impure. Apart from these two reasons, there is no problem in giving access to a child to enter a mosque; indeed, sometimes it is preferable to do so. Furthermore, if someone has eaten onions, garlic, or something similar, and whose breath would thereby annoy people, it is disapproved for him to go to a mosque.
THE CALL TO PRAYER (ADHĀN) AND THE CALL TO STAND FOR PRAYER (IQĀMAH)
Ruling 902. It is recommended for both men and women to say adhān and then iqāmah before the daily obligatory prayers; however, they have not been sanctioned in Islamic law (they are not mashrūʿ) for other obligatory or for recommended prayers. If Eid al-Fiṭr25 and Eid al-Aḍḥā26 prayers are performed in congregation, it is recommended to say ‘aṣṣalāh’ three times before commencing them.
25 e 1st of Shawwāl. 26 e 10th of Dhu al-Hijjah. 231 Ruling 903. It is recommended that on the day a child is born, or before his umbilical cord falls off, adhān is said in his right ear and iqāmah in his le.
Ruling 904. Adhān consists of the following eighteen sentences: x 4 َ ْ َ َ allāhu akbar ا ُﷲ أﻛ ُﺮﺒ x 2 ُ َّ َ ٰ َّ ْ َ ُ َ ْ َ ashhadu al lā ilāha illal lāh أﺷﻬﺪ أن ﻻ إِ إِﻻ اﷲ x 2 ُ ُ َّ ً َّ َ ُ َّ َ ُ َ ْ َ ashhadu anna muḥammadar rasūlul lāh أﺷﻬﺪ أن ﺤﻣﻤﺪا رﺳﻮل ِاﷲ x 2 َ َّ َ َ َ ḥayya ʿalaṣ ṣalāh َّ ﺒﻟ اﻟﺼﻼ ِة x 2 َ َ ْ َ َ َ ḥayya ʿalal falāḥ َّ ﺒﻟ اﻟﻔﻼحِ x 2 َ َ ْ ْ َ َ َ َّ َ ḥayya ʿalā khayril ʿamal ٰﺒﻟ ﺧ ِﺮﻴ اﻟﻌﻤ ِﻞ x 2 َ ْ َ َ allāhu akbar ا ُﷲ أﻛ ُﺮﺒ x 2 ُ َّ َ ٰ َ lā ilāha illal lāh ﻻ إِ إِﻻ اﷲ Iqāmah consists of the following seventeen sentences: x 2 َ ْ َ َ allāhu akbar ا ُﷲ أﻛ ُﺮﺒ x 2 ُ َّ َ ٰ َّ ْ َ ُ َ ْ َ ashhadu al lā ilāha illal lāh أﺷﻬﺪ أن ﻻ إِ إِﻻ اﷲ x 2 ُ ُ َّ ً َّ َ ُ َّ َ ُ َ ْ َ ashhadu anna muḥammadar rasūlul lāh أﺷﻬﺪ أن ﺤﻣﻤﺪا رﺳﻮل ِاﷲ x 2 َ َّ َ َ َ ḥayya ʿalaṣ ṣalāh َّ ﺒﻟ اﻟﺼﻼ ِة x 2 َ َ ْ َ َ َ ḥayya ʿalal falāḥ َّ ﺒﻟ اﻟﻔﻼحِ x 2 َ َ ْ ْ َ َ َ َّ َ ḥayya ʿalā khayril ʿamal ٰﺒﻟ ﺧ ِﺮﻴ اﻟﻌﻤ ِﻞ x 2 ُ َ َّ َ َ ْ َ qad qāmatiṣ ṣalāh ﻗﺪ ﻗﺎﻣ ِﺖ اﻟﺼﻼة x 2 َ ْ َ َ allāhu akbar ا ُﷲ أﻛ ُﺮﺒ x 1 ُ َّ َ ٰ َ lā ilāha illal lāh ﻻ إِ إِﻻ اﷲ
232 Ruling 905. e sentence: َ َ ْ َ ُ َّ َ ّ ً َ ُّ أﺷﻬﺪ أن ﻋ ِﻠﻴﺎ و ِ ِاﷲ ashhadu anna ʿaliyyaw waliyyul lāh
…is not a part of adhān and iqāmah, but it is good to say it aer the sentence ‘ashhadu anna muḥammadar rasūlul lāh’ with the intention of aaining proximity to Allah.
Translation of the sentences of adhān and iqāmah
allāhu akbar Allah is greater [than what َ َ ْ َ ا ُﷲ أﻛ ُﺮﺒ He is described as]. ashhadu al lā I testify that there is no god َ ْ َ ُ َ ْ َّ ٰ َّ أﺷﻬﺪ أن ﻻ إ َ إﻻ ُاﷲ .ilāha illal lāh but Allah ِ ِ ashhadu anna I testify that Muḥammad is َ ْ َ ُ َ َّ ُ َ َّ ً َّ ُ ُ أﺷﻬﺪ أن ﺤﻣﻤﺪا رﺳﻮل ِاﷲ muḥammadar the messenger of Allah. rasūlul lāh ashhadu anna I testify that ʿAlī, the َ ْ َ ُ َ َّ َ ّ ً أﺷﻬﺪ أن ﻋ ِﻠﻴﺎ َو ُّ ِاﷲ ,ʿaliyyaw Commander of the Faithful ِ waliyyul lāh is the vicegerent of Allah. .ḥayya ʿalaṣ Hasten to prayers َ َ َ َّ َ َّ ﺒﻟ اﻟﺼﻼ ِة ṣalāh .ḥayya ʿalal Hasten to prosperity َ َ َ ْ َ َ َّ ﺒﻟ اﻟﻔﻼحِ falāḥ .ḥayya ʿalā Hasten to the best act َ َ َ َ ْ ْ َ َ َّ ٰﺒﻟ ﺧﺮﻴ اﻟﻌﻤﻞ khayril ʿamal ِ ِ qad qāmatiṣ Certainly, the prayer has َ ْ َ َ َّ َ ُ ﻗﺪ ﻗﺎﻣ ِﺖ اﻟﺼﻼة ṣalāh been established. .lā ilāha illal ere is no god but Allah َ ٰ َّ ﻻ إ َ إﻻ ُاﷲ lāh ِ ِ
Ruling 906. ere must not be a long interval between the sentences of adhān and iqāmah; and if there is an interval between them that is longer than usual, they must be repeated from the beginning. 233 Ruling 907. If adhān and iqāmah are said in a manner that amounts to singing, i.e. in a manner that is in common with gatherings of entertainment and amusement, then it is unlawful. If it does not amount to singing [but is somewhat similar to singing], it is disapproved.
Ruling 908. Whenever a person performs two prayers that share a common time one aer the other, if he says adhān for the first prayer, then saying it for the second prayer is excepted. is is irrespective of whether or not it is beer to join the two payers together, such as joining ẓuhr and ʿaṣr prayers on the Day of ʿArafah - which is the ninth day of the month of Dhū al-Ḥijjah - [when it is beer to join the two prayers together] if one performs them within the prime time (waqt al-faḍīlah)27 of the ẓuhr prayer even if he is not in ʿAraāt. And [another example is] joining maghrib and ʿishāʾ prayers on the eve of Eid al-Adha for one who is in Mashʿar al-Ḥaram and he joins them within the prime time of the ʿishāʾ prayer.
Adhān being excepted in these cases is conditional upon there not being a long interval between the two prayers, and there is no problem if an interval occurs on account of performing nāfilah prayers or reciting duʿāʾs aer prayers (taʿqībāt). In these cases, the obligatory precaution is that adhān must not be said with the intention of it being an act that has been sanctioned in Islamic law; in fact, saying adhān in the two aforementioned cases on the Day of ʿArafah and in Mashʿar while observing the conditions that were mentioned is contrary to obligatory precaution [and therefore, adhān must not be said], even without the intention of it being an act that has been sanctioned in Islamic law.
Ruling 909. If adhān and iqāmah have been said for a congregational prayer, a person joining that congregation must not say adhān and iqāmah for his own prayers.
27 is refers to the early period of the prescribed time for a prayer during which there is more reward for performing it. 234 Ruling 910. If a person goes to the mosque to perform prayers and finds that congregational prayers are over, he does not have to say adhān and iqāmah for his own prayers as long as the rows have not broken up and the people have not dispersed; i.e. in such a case, saying them is not an emphasised recommended act. In fact, if he wants to say adhān, it is beer that he does so in a very low voice. And if he wants to establish another congregational prayer, he must not say adhān and iqāmah.
Ruling 911. Apart from the case mentioned in the previous ruling, adhān and iqāmah become excepted if six conditions are fulfilled:
1. congregational prayers are performed in a mosque; if they are not performed in a mosque, then adhān and iqāmah are not excepted; 2. adhān and iqāmah have already been said for that prayer; 3. the congregational prayer is not invalid; 4. his prayer and the congregational prayer take place in one place; therefore, if the congregational prayer is performed inside a mosque and he wants to perform prayers on the mosque’s roof top, it is recommended that he says adhān and iqāmah; 5. the congregational prayer is being performed within its prescribed time; but it is not a condition that his prayer is also one that is being performed within its prescribed time if he is performing it on his own; 6. his prayer and the congregational prayer are performed in a time that is common to both; for example, both perform ẓuhr prayers or both perform ʿaṣr prayers, or the prayer that is performed in congregation is ẓuhr and he performs ʿaṣr prayers, or he performs ẓuhr prayers and the congregational prayer is ʿaṣr. However, if the congregational prayer is ʿaṣr and it is being performed at the end of its prescribed time [and the rows have not yet broken up] and he wants to perform maghrib within its prescribed time, then adhān and iqāmah are not excepted.
235 Ruling 912. If a person has a doubt about the third condition mentioned above, i.e. he doubts whether or not the congregational prayer is valid, then saying adhān and iqāmah is excepted for him. However, if he doubts about one of the five other conditions, it is beer that he says adhān and iqāmah, but if his prayer is in congregation, he must say them with the intention of rajāʾ.
Ruling 913. If someone hears another adhān that is said as an announcement or as a call to congregational prayers, it is recommended that he quietly repeats whichever part he hears.
Ruling 914. If someone hears another adhān and iqāmah - irrespective of whether he repeats aer them or not - in the event that the interval between that adhān and iqāmah and the prayer that he wants to perform is not long, and he had the intention to perform prayers from the time he started hearing them, he can suffice with that adhān and iqāmah. However, if only the imam or only the followers of a congregational prayer hear the adhān, this rule is problematic [i.e. based on obligatory precaution, he cannot suffice with it].
Ruling 915. If a man listens to an adhān said by a woman with the intention of deriving lustful pleasure, then saying adhān is not excepted for him; in fact, adhān being excepted by listening to the adhān of a woman in general is a problem [i.e. based on obligatory precaution, it is not excepted].
Ruling 916. e adhān and iqāmah of congregational prayers must be said by a man. However, in congregational prayers of women, if a woman says adhān and iqāmah , it is sufficient. Sufficing with the adhān and iqāmah said by a woman in a congregational prayer in which the men present are her maḥram is problematic [i.e. based on obligatory precaution, it does not suffice].
Ruling 917. Iqāmah must be said aer adhān, and it is a requirement that iqāmah be said while one is standing and is
236 in the state of ritual purity, i.e. while one has wuḍūʾ, ghusl, or tayammum.
Ruling 918. If a person says the sentences of adhān and iqāmah in the wrong order - for example, he says ‘ḥayya ʿalal falāḥ’ before ‘ḥayya ʿalaṣ ṣalāh’ - he must repeat them from the place where the order was disturbed.
Ruling 919. ere must not be an interval between adhān and iqāmah, and if an interval occurs to the extent that the adhān that was said cannot be regarded as being the adhān of that iqāmah, then the adhān is invalid. Also, if there is an interval between the adhān and iqāmah and the prayer to the extent that the adhān and iqāmah cannot be regarded as being those of the prayer, then the adhān and iqāmah become invalid.
Ruling 920. Adhān and iqāmah must be said in correct Arabic; therefore, if they are said in incorrect Arabic, or, if instead of one the leers another leer is said, or, for example, the Persian translation is said, then it is not correct.
Ruling 921. Adhān and iqāmah must be said aer the time for prayer has set in. If a person says them before time - whether intentionally or forgetfully - they are invalid, except in the case when the time of prayer sets in during a prayer and the prayer is ruled as being valid, as explained in Ruling 731.
Ruling 922. If before saying iqāmah one doubts whether he said adhān or not, he must say adhān; but if while saying iqāmah he doubts whether he said adhān or not, then saying adhān is not necessary.
Ruling 923. If a person has started adhān or iqāmah and before saying some part of it he doubts whether he said the previous part or not, he must say the part about which he doubts; but if while saying some part of adhān and iqāmah he doubts whether he said the previous part or not, then saying it is not necessary.
237 Ruling 924. It is recommended that while saying adhān, one stands facing qibla, has wuḍūʾ or ghusl, places his hands on his ears, raises and extends his voice, briefly pauses between the sentences, and does not talk in between them.
Ruling 925. It is recommended that at the time of saying iqāmah one’s body is still, and that he says it quieter than adhān and does not join the sentences together. However, the pauses in between the sentences of iqāmah should not be as long as they are in adhān.
Ruling 926. It is recommended that between adhān and iqāmah, one takes a step forward, or briefly sits down, or performs sajdah, or engages in remembering Allah (dhikr), or recites a duʿāʾ, or is briefly silent, or talks, or performs a two rakʿah prayer. However, talking between adhān and iqāmah of ṣubḥ prayers is not recommended.
Ruling 927. It is recommended that a person who is appointed to say adhān be just (ʿādil), know the timings, and have a loud voice. And it is recommended that adhān be said from an elevated place.
OBLIGATORY COMPONENTS OF THE PRAYER
ere are eleven obligatory components of the prayer:
1. intention (niyyah); 2. standing (qiyām); 3. takbīrat al-iḥrām, i.e. saying ‘allāhu akbar’ at the beginning of the prayer; 4. bowing (rukūʿ); 5. prostrating (sujūd); 6. recitation (qirāʾah); 7. declaring in rukūʿ and sujūd that Allah is free from imperfections (dhikr); 8. testifying (tashahhud); 9. salutation (salām); 10. sequence (tartīb); 11. close succession (muwālāh).
238 Ruling 928. Some of the obligatory components of the prayer are elemental (rukn), i.e. if one does not perform them - whether intentionally or mistakenly - the prayer is invalid. Some other obligatory components are not elemental, i.e. if they are omied mistakenly, the prayer is not invalid. ere are five rukns of the prayer:
1. intention; 2. takbīrat al-iḥrām while standing; 3. standing that is joined to rukūʿ, i.e. standing before rukūʿ; 4. rukūʿ; 5. two sajdahs in one rakʿah.
If a rukn is intentionally performed more than the prescribed number of times, the prayer is invalid; however, if it is done mistakenly, and if the additional act is rukūʿ or two sajdahs in one rakʿah, then based on obligatory precaution, the prayer is invalid; otherwise, [if the additional act is not rukūʿ or two sajdahs in one rak'ah] it is not invalid.
INTENTION (NIYYAH)
Ruling 929. One must perform prayers with the intention of qurbah - i.e. in humility and obedience to the Lord of the worlds - and it is not necessary for him to make the intention pass through his heart, or, for example, for him to say ‘I am performing four rakʿahs of the ẓuhr prayer qurbatan ilal lāh [to aain proximity to Allah]’.
Ruling 930. If a person makes the intention in ẓuhr or ʿaṣr prayers that ‘I am performing a four rakʿah prayer’ but does not specify if it is the ẓuhr or ʿaṣr prayer, his prayer is invalid. However, it is sufficient if he specifies the ẓuhr prayer as the first prayer and the ʿaṣr prayer as the second prayer. And someone for whom, for example, it is obligatory to make up a ẓuhr prayer, if he wants to make up that prayer or perform the ẓuhr prayer within the prescribed time for ẓuhr prayers, he must specify in his intention which prayer he is performing.
239 Ruling 931. One must maintain the intention from the beginning of the prayer until its end; therefore, if during the prayer he becomes unmindful to the extent that were he to be asked ‘What are you doing?’ he would not know what to reply, his prayer is invalid.
Ruling 932. One must only perform prayers in humility to the Lord of the worlds; therefore, if one performs prayers ostentatiously - i.e. in order to show off to people - his prayer is invalid, irrespective of whether he does so solely for people, or partly for both Allah and partly for people.
Ruling 933. If someone performs part of the prayer for other than Allah - irrespective of whether that part is an obligatory one, such as the recitation of Surat al-Ḥamd, or a recommended one, such as qunūt - and if that intention permeates the entire prayer - for example, his ostentatious intention in the performance of an act is in order to show off his prayer - or, if in order to redress that part it would mean adding an act that invalidates the prayer [for example, in order to redress the rukūʿ that he performed ostentatiously, he would need to perform another rukūʿ which would invalidate the prayer, as mentioned in Ruling 928], then in these cases, his prayer is invalid. And if one performs prayers for Allah but in order to show off to people he performs it in a specific place such as a mosque, or at a particular time such as at the start of its prescribed time, or in a particular manner such as in congregation, then his prayer is invalid in these cases as well.
TAKBĪRAT AL-IḤRĀM
Ruling 934. Saying ‘allāhu akbar’ at the beginning of every prayer is obligatory and an elementary part of the prayer. e leers in ‘allāh’ and ‘akbar’ as well as the two words ‘allāh’ and ‘akbar’ must be said in succession. Furthermore, these two words must be pronounced in correct Arabic; if someone pronounces them in incorrect Arabic, or, for example, says their translation in Persian, it is not correct.
240 Ruling 935. e recommended precaution is that takbīrat al-iḥrām should not be joined to anything that was said before it, such as the iqāmah or a duʿāʾ that was recited before the takbīr.
Ruling 936. If a person wants to join ‘allāhu akbar’ with something aer it, for example, with ‘bismil lāhir raḥmānir raḥīm’, it is beer that the leer ‘r’ in ‘akbar’ be given a ḍammah [i.e. it would be pronounced ‘akbaru’]. However, the recommended precaution is that one should not join it in obligatory prayers.
Ruling 937. When saying takbīrat al-iḥrām in an obligatory prayer, the body must be still; if one intentionally says takbīrat al-iḥrām while his body is moving, it is invalid.
Ruling 938. One must say takbīr, Surat al-Ḥamd, the other surah, dhikr, and duʿāʾs in a manner that he at least hears his own voice. If he cannot hear it on account of being hard of hearing or deaf or there being too much noise, he must say them in a manner that he would have been able to hear them were there no impediment.
Ruling 939. If due to some reason one has become dumb or has some speech impediment that prevents him from saying ‘allāhu akbar,’ he must say it in whatever way he can. If he cannot say the takbīr at all, he must say it in his heart and indicate with his finger in a manner that suitably conveys the words, and he must also move his tongue and lips if he can. As for someone who was born dumb, he must move his tongue and lips in a manner that resembles someone pronouncing the takbīr while also indicating with his finger.
Ruling 940. Before takbīrat al-iḥrām, it is good that one says the following with the intention of rajāʾ: َ ُ ْ ُ َ ْ َ َ َ ْ ُ َ َ ْ َ َ ْ َ ْ ُ ْ َ َ َّ َ َ َ َ َ ْ ُ َ ْ َ ْ ُ ْ ُ َ ﻳﺎ ﺤﻣ ِﺴﻦ ﻗﺪ أﺗﺎك اﻟﻤ ِ ُء، و ﻗﺪ أﻣﺮت اﻟﻤﺤ ِﺴﻦ أن ﻓﺘﺠﺎوز ﻋﻦ اﻟﻤ ِ ِء، أﻧﺖ اﻟﻤﺤ ِﺴﻦ و َ ِ َ ْ ُ ُ َ ّ ُ َ َّ َّ ُ َ َّ َ ّ َ َ ُ َ َّ َّ ُ َ َّ َ َ َ َ ْ َ ْ َ َ َ ْ َ ُ ّ أﻧﺎ اﻟﻤ ِ ء، ِﺤﺑ ِﻖ ﺤﻣﻤ ٍﺪ و ِآل ﺤﻣﻤ ٍﺪ، ﺻ ِﻞ ٰﺒﻟ ﺤﻣﻤ ٍﺪ و ِآل ﺤﻣﻤ ٍﺪ، و ﺠﺗﺎوز ﻗﻦ ﻗ ِﺒ ِﻴﺢ ﻣﺎ ﻳﻌﻠﻢ ِﻣ ِﻲﻨ yā muḥsinu qad atākal musīyʾ, wa qad amartal muḥsina ay yatajāwaza ʿanil musīyʾ, antal muḥsinu wa anal musīyʾ, bihaqqi
241 muḥammadiw wa āli muḥammad, ṣalli ʿalā muḥammadiw wa āli muḥammad, wa tajāwaz ʿan qabīḥi mā taʿlamu minnī O the Benevolent! A sinful person has come to You, and You have instructed the benevolent to overlook the sinner. You are the Benevolent and I am the sinner. By the right of Muḥammad and the progeny of Muḥammad, bless Muḥammad and the progeny of Muḥammad, and overlook my evil acts of which You are aware.
Ruling 941. When saying takbīrat al-iḥrām of the prayer and the takbīrs during the prayer, it is recommended for one to raise his hands up to his ears.
Ruling 942. If a person doubts whether he has said takbīrat al-iḥrām or not, in the event that he has started qirāʾah, he must not pay any aention to his doubt; but if he has not yet recited anything, he must say the takbīr.
Ruling 943. If aer saying takbīrat al-iḥrām one doubts whether he said it correctly or not, he must not pay any aention to his doubt, whether he has already started saying something or not.
STANDING (QIYĀM)
Ruling 944. Standing while saying takbīrat al-iḥrām, and standing before rukūʿ - which is called ‘the standing that is connected to the rukūʿ (al-qiyām al-muaṣil bil-rukūʿ) - is a rukn. However, standing while reciting Surat al-Ḥamd and the other surah, and standing aer rukūʿ is not a rukn; and if one omits these forgetfully, his prayer is valid.
Ruling 945. It is obligatory to stand a short while before and aer saying takbīrat al-iḥrām in order to be certain that takbīr has been said while standing.
Ruling 946. If a person forgets to perform rukūʿ and sits down [for sajdah] aer Surat al-Ḥamd and the other surah and then remembers that he has not performed rukūʿ, he must stand
242 up and then perform rukūʿ. If he does not stand up but instead performs rukūʿ whilst bending forward [as he gets up], it will not be sufficient as he will not have performed the standing that is connected to the rukūʿ.
Ruling 947. When one stands for takbīrat al-iḥrām or qirāʾah, he must not walk nor incline to one side. And based on obligatory precaution, he must not move his body nor voluntarily lean on anything; however, if he is compelled to, there is no problem.
Ruling 948. If while standing one forgetfully walks a lile or inclines to one side or leans on something, there is no problem.
Ruling 949. e obligatory precaution is that while standing, both feet must be on the ground; however, it is not necessary for the weight of one’s body to be on both feet; and if the weight is on one foot, there is no problem.
Ruling 950. If someone who can stand properly spreads his feet so wide that it cannot be called [normal] standing, his prayer is invalid. In fact, based on obligatory precaution, one must not spread his feet very wide even if it can be called standing.
Ruling 951. While one is engaged in saying obligatory dhikr in prayers, his body must be still, and, based on obligatory precaution, [the same applies] while he is engaged in saying recommended dhikr in prayers as well. If a person wants to move a lile forwards or backwards or to move his body a lile to the right or le, he must not say any dhikr [at the moment of moving].
Ruling 952. If a person says recommended dhikr while moving - for example, he says takbīr while going into rukūʿ or sajdah - in the event that he says it with the intention of it being a dhikr that has been prescribed in prayers, that dhikr is not valid but his prayer is valid. e [recommended] sentence: َ ْ َ ُ َّ َ ُ ُ َ َ ْ ُ ُ ِﺤﺑﻮ ِل ِاﷲ و ﻗﻮﺗِ ِﻪ أﻗﻮم و أﻗﻌﺪ
243 biḥawlil lāhi wa qūwwatihi aqūmu wa aqʿud28
…must be said while geing up [aer the completion of a rakʿah].
Ruling 953. ere is no problem in moving one’s hands and fingers while reciting Surat al-Ḥamd, although the recommended precaution is that one should not move them.
Ruling 954. If while reciting Surat al-Ḥamd and the other surah, or while saying the four glorifications (al-tasbīḥāt al-arbaʿah),29 one’s body involuntarily moves a lile such that the body is no longer still, the recommended precaution is that aer his body becomes still again, he should repeat whatever he said while his body was moving.
Ruling 955. If a person becomes unable to stand while performing prayers, he must sit down; and if he is unable to sit down as well, he must lie down. However, he must not say any of the obligatory dhikrs until his body becomes still.
Ruling 956. As long as a person is able to perform prayers in a standing position, he must not sit down. For example, someone whose body shakes when he stands, or is compelled to lean on something or incline his body a lile, must perform prayers in a standing position in whatever way he can. However, if he cannot stand at all, he must sit straight and perform prayers in a siing position.
Ruling 957. As long as one can sit, he must not perform prayers in a lying position, and if he cannot sit straight he must sit in whatever way he can. If he cannot sit at all, he must - as mentioned
28 In keeping with the layout of the original work, the translation of this and most of the other Arabic parts of the prayer can be found aer Ruling 1107 in the section titled ‘Translation of prayers’. erefore, in the forthcoming rulings, only the translation of those Arabic parts that do not appear in that section has been mentioned. 29 at is, ‘subḥānal lāhi wal ḥamdu lillāhi wa lā ilāha illal lāhu wal lāhu akbar.’ 244 in the rules relating to qibla - lie on his side in a way that the front part of his body faces qibla. And as long as it is possible for him to lie on his right side, he must not - based on obligatory precaution - lie on his le side; and if neither of these are possible, he must lie on his back with the soles of his feet facing qibla.
Ruling 958. With regard to someone who performs prayer in a siing position, if aer reciting Surat al-Ḥamd and the other surah he can stand and perform rukūʿ in a standing position, he must stand up and from a standing position go into rukūʿ; but if he cannot stand and perform rukūʿ in a standing position, he must perform rukūʿ siing.
Ruling 959. With regard to one who performs prayers lying down, if he can sit during prayers, he must do so as much as he is able to. Similarly, if he can stand, he must do so as much as he is able to. However, as long as his body is not still, he must not say any of the obligatory dhikrs. And if he knows that he can stand for only a short while, he must do so specifically for the standing that is connected to the rukūʿ.
Ruling 960. If someone who performs prayers in a siing position can stand during prayers, he must perform prayers in a standing position as much as he is able to. However, as long as his body is not still, he must not say any of the obligatory dhikr. And if he knows that he can stand for only a short while, he must do so for the standing that is connected to the rukūʿ.
Ruling 961. If someone who can stand fears that by standing he will become ill or that he will be harmed, he can perform prayers in a siing position; and if he also fears [illness or harm] from siing, he can perform prayers in a lying position.
Ruling 962. If a person has not lost hope in being able to perform prayers in a standing position by the end of the prescribed time for the prayer, in the event that he performs prayers at the beginning of the prescribed time [siing] and he is able to stand at the end of
245 the prescribed time, he must perform the prayer again [standing]. However, if he has lost hope in being able to perform prayers in a standing position and performs prayers at the beginning of the prescribed time [siing] and then he is able to stand, it is not necessary for him to repeat the prayer.
Ruling 963. It is recommended that while standing, one stands upright, lowers his shoulders, places his hands on his thighs, closes his fingers together, looks at the place of sajdah, places the weight of his body equally on both feet, stands humbly and submissively, and keeps both his feet in line. Furthermore, it is recommended for men to spread their feet between the measure of three open fingers and one hand span, and for women to keep their feet together.
RECITATION (QIRĀʾAH)
Ruling 964. In the first and second rakʿahs of the daily obligatory prayers, one must recite Surat al-Ḥamd followed by another surah; and based on obligatory precaution, [the second surah] must be a complete surah. Also based on obligatory precaution, ‘Surat al-Ḍuḥā’30 and ‘Surat al-Sharḥ’,31 and similarly ‘Surat al-Fīl’32 and ‘Surah raysh’,33 are counted as one surah in prayers.
Ruling 965. If the time for prayers is short, or one is compelled to not recite the other surah - for example, he fears that if he recites the other surah, a thief, wild animal, or something else will harm him - or if he has some urgent maer to aend to, in these cases, he can leave out reciting the other surah. In fact, when time is short and in some cases where one is fearful, he must not recite the other surah.
Ruling 966. If a person intentionally recites the other surah before Surat al-Ḥamd, his prayers are invalid; and if he mistakenly recites the other surah before Surat al-Ḥamd and realises his mistake while 30 Chapter 93 of the r’an. 31 Chapter 94 of the r’an. 32 Chapter 105 of the r’an. 33 Chapter 106 of the r’an. 246 he is reciting it, he must stop reciting it, recite Surat al-Ḥamd, and then recite the other surah from the beginning.
Ruling 967. If a person forgets to recite Surat al-Ḥamd and the other surah, or one of them, and realises this aer going into rukūʿ his prayers are valid.
Ruling 968. If before bending for rukūʿ one realises that he has not recited Surat al-Ḥamd and the other surah, he must recite them. And if he realises that he has [recited Surat al-Ḥamd but] not the other surah, he must recite only the other surah. However, if he realises that he has not recited Surat al-Ḥamd only, he must first recite Surat al-Ḥamd and then he must recite the other surah again. Similarly, if one bends forward but before geing into the rukūʿ position he realises that he has not recited Surat al-Ḥamd and the other surah, or only the other surah, or only Surat al-Ḥamd, he must stand up straight and act according to what has been mentioned earlier in this ruling.
Ruling 969. If during obligatory prayers one intentionally recites one of the four surahs that contain an obligatory sajdah - as mentioned in Ruling 354 - it is obligatory that he performs sajdah aer reciting the verse of sajdah. However, based on obligatory precaution, by performing the sajdah his prayer becomes invalid and it is obligatory that he performs the prayer again unless he performed the sajdah forgetfully. If he does not perform the sajdah, he can continue with the prayer but he will have commied a sin for not performing the sajdah.
Ruling 970. If a person starts to recite a surah that contains an obligatory sajdah - whether he does so intentionally or inadvertently - in the event that he realises this before reciting the verse that contains the obligatory sajdah, he can stop reciting that surah and recite another surah instead; and if he realises aer reciting the verse that contains the obligatory sajdah, he must act according to the instructions mentioned in the previous ruling.
247 Ruling 971. If during prayers one listens to a verse that contains an obligatory sajdah, his prayer is valid; and based on obligatory precaution, if this happens during an obligatory prayer, he must make an indication for sajdah,34 and aer the prayer he must perform the sajdah.
Ruling 972. In recommended prayers, it is not necessary to recite the other surah even if that prayer has become obligatory on account of a vow. However, in some recommended prayers, such as the prayer of loneliness (ṣalāt al-waḥshah),35 that require a specific surah to be recited, if one wants to act according to the rules of that prayer, he must recite the specified surah.
Ruling 973. It is recommended that in the Friday prayer, and in ṣubḥ, ẓuhr, and ʿaṣr prayers on Friday, and in ʿishāʾ prayers on ursday night, one should recite Surat al-Jumuʿah36 in the first rakʿah aer Surat al-Ḥamd, and Surat al-Munāfiqūn37 in the second rakʿah aer Surat al-Ḥamd. If a person begins reciting one of these surahs in prayers on Friday, then based on obligatory precaution, he cannot leave it and recite another surah.
Ruling 974. If aer Surat al-Ḥamd one begins reciting Surat al-Ikhlāṣ38 or Surat al-Kāfirūn,39 he cannot leave it and recite another surah instead. However, in the Friday prayer and the prayers on Friday, if one forgetfully recites one of those two surahs instead of Surat al-Jumuʿah and Surat al-Munāfiqūn, he can leave it and recite Surat al-Jumuʿah and Surat al-Munāfiqūn instead; however, the recommended precaution is that one should not leave it [i.e. Surat al-Ikhlāṣ or Surat al-Kāfirūn] aer having recited half of it.
Ruling 975. If in the Friday prayer or prayers on Fridays one 34 He could do this by, for example, bowing his head slightly to signify sajdah. 35 See Ruling 627. 36 Chapter 62 of the r’an. 37 Chapter 63 of the r’an. 38 Chapter 112 of the r’an. 39 Chapter 109 of the r’an. 248 intentionally recites Surat al-Ikhlāṣ or Surat al-Kāfirūn, then even if he has not reached half of it, he cannot, based on obligatory precaution, leave it andSurat al-Jumuʿah and Surat al-Munāfiqūn instead.
Ruling 976. If in prayers a person recites a surah other than Surat al-Ikhlāṣ and Surat al-Kāfirūn, and if he has not recited up to half of it, he can leave it and recite another surah instead. However, if he has recited half of it, then based on obligatory precaution, it is not permied for him to leave it and change to another surah.
Ruling 977. If a person forgets a part of the other surah or he is unable to complete it due to some compelling reason, such as shortness of time, he can leave that surah and recite another surah instead even if he has reached half of it and even if the surah he is reciting is al-Ikhlāṣ or al-Kāfirūn. And in the case of forgetfulness, he can suffice with the amount he has recited [and he does not need to recite another full surah].
Ruling 978. Based on obligatory precaution, it is obligatory for a man to recite Surat al-Ḥamd and the other surah aloud (jahr) in ṣubḥ, maghrib, and ʿishāʾ prayers. And based on obligatory precaution, it is obligatory for a man and a woman to recite Surat al-Ḥamd and the other surah in ẓuhr, and ʿaṣr in a whisper (ikhāt).
Ruling 979. Based on obligatory precaution, a man must recite Surat al-Ḥamd and the other surah aloud in ṣubḥ, maghrib, and ʿishāʾ prayers; and he must be careful that he recites all the words of Surat al-Ḥamd and the other surah aloud, even their last leers.
Ruling 980. A woman can recite Surat al-Ḥamd and the other surah in ṣubḥ, maghrib, and ʿishāʾ prayers aloud or in a whisper. However, if someone who is not her maḥram can hear her voice and it is an instance of when it is unlawful to make her voice heard by someone who is not her maḥram, then she must recite them in a whisper. And if she intentionally recites them aloud, then based on obligatory precaution, her prayer is invalid.
249 Ruling 981. If when one must recite aloud he intentionally recites in a whisper, or, if when one must recite in a whisper he intentionally recites aloud, then based on obligatory precaution, his prayer is invalid. However, if he does this due to forgetfulness or not knowing the ruling, his prayer is valid. If while reciting Surat al-Ḥamd or the other surah he realises that he has made a mistake, it is not necessary for him to repeat what he has already recited.
Ruling 982. If while reciting Surat al-Ḥamd and the other surah one raises his voice higher than what is normal, as if he is shouting, his prayer is invalid.
Ruling 983. One must correctly recite qirāʾah of the prayer. If someone cannot in any way recite the whole of Surat al-Ḥamd correctly, he must recite it in the way he can provided that the amount he recites correctly is significant. However, if that amount is insignificant, then based on obligatory precaution, he must add to it an amount of the r’an that he can recite correctly. If he cannot do this, he must add to it tasbīḥ [i.e. saying ‘subḥānal lāh’]. However, if someone cannot recite the other surah correctly at all, it is not necessary for him to recite something else in its place. In all the above cases, the recommended precaution is that such a person should perform prayers in congregation.
Ruling 984. One who does not know Surat al-Ḥamd well must try to perform his duty, whether that be by learning it, or by inculcating it in himself, or by following in congregational prayers, or by repeating the prayer whenever he doubts the correctness of his recitation. If time is short and he performs the prayer as stated in the previous ruling, his prayer is valid. However, if he has been negligent in learning and if it is possible, he must, in order to escape punishment, perform his prayers in congregation.
Ruling 985. Based on obligatory precaution, taking wages for teaching obligatory acts of the prayer is unlawful. However, taking wages for teaching recommended acts of the prayer is permissible.
250 Ruling 986. If a person intentionally or on account of culpable ignorance (al-jahl al-taqṣīrī)40 does not recite one of the words of Surat al-Ḥamd or the other surah, or in place of one of the leers or ’ذ‘ he says ’ض‘ he uers another leer - for example, instead of of [ ِـ] and kasrah [ َـ] or he does not correctly observe the faṭhah ,’ز‘ words such that his recitation is considered wrong, or he does not when he is supposed to] - then in these] [ ّـ] pronounce with tashdīd cases, his prayer is invalid.
Ruling 987. If a person considers a word that he has learned to be correct and recites it in the same way in prayers, and later he realises that it was wrong, it is not necessary for him to repeat his prayers again.
Ruling 988. If a person does not know the faṭhah and kasrah of a particular word, or, for example, he does not know whether a he must perform his duty ’ح‘ or a ’ھ‘ particular word is spelt with a in some way; for example, he must learn it, or perform prayers in congregation, or recite it in two or more ways so that he is certain that he has recited it correctly. However, in such a case, his prayer is deemed to be valid only if that wrong sentence can be commonly considered as being from the r’an or as being a dhikr.
Ruling 989. e scholars of tajwīd41 have said that if a word and the leer before the wāw has ,[و] ’contains the leer ‘wāw as in - [ء] and the leer aer the wāw is a hamzah ,[ ُـ] a ḍammah sūʾ] - then the wāw must be given a madd [ٓ ], i.e. its] ُﺳﻮء the word recitation must be prolonged. Similarly, if a word contains the and the leer before the alif has a fatḥah, and the ,[ا] ’leer ‘alif jāʾ] - then the] َﺟﺂء leer aer the alif is a hamzah - as in the word recitation of the alif must be prolonged. Furthermore, if a word and the leer before the yāʾ has a ,[ي] ’contains the leer ‘yāʾ kasrah, and the leer aer the yāʾ is a hamzah - as in the word jīʾ] - then the yāʾ must be pronounced with a madd. And if] ِﺟﻲء 40 Culpable ignorance is when someone does not have a valid excuse for not knowing; for example, he was careless in learning religious laws. 41 Tajwīd is the discipline of reciting the r’an correctly. 251 aer these leers (wāw, alif, and yāʾ) there is a leer other than ,i.e. it does not have a fatḥah, kasrah ,[ ْـ] hamzah that has a sākin or ḍammah, then again these leers must be recited with a madd. However, apparently, the validity of the qirāʾah in such cases does not depend on reciting such words with a madd, and so in the event that one does not follow the above rules his prayer is still valid. 42 َ َّ ّ َ wa laḍ ḍāllīn] where the tashdīd] َوﻻ اﻟﻀ ِﺎﻟﻦﻴ However, in a case like and the alif must be prolonged, one must prolong them to the same extent.
Ruling 990. e recommended precaution is that in prayers one should not stop on a leer that has a vowel, nor join a leer that has a sukūn. e meaning of stopping on a leer that has a vowel is that one pronounces the fatḥah, kasrah, or ḍammah of the last leer in a word and then pauses between that word and the next. َّ ْ ٰ َّ arraḥmānir raḥīm], he] اﻟﺮﻤﺣﻦ اﻟﺮ ِﺣ ِﻴﻢ For example, when he recites َّ ِ arraḥīm, so] اﻟﺮ ِﺣ ِﻴﻢ in [م] pronounces the kasrah of the leer mīm that it is pronounced ‘arraḥīmi’] and then pauses briefly before reciting the next verse ّ ْ َ َ [māliki yawmid dīn]. And the ﻣﺎﻟِ ِﻚ ﻳﻮ ِم ِا ِﻳﻦ meaning of joining a leer that has a sukūn is that one does not pronounce the fatḥah, kasrah, or ḍammah of the last leer in a word and then joins that word with the next; for example, when he َّ ْ ٰ َّ arraḥmānir raḥīm], he does not pronounce the] اﻟﺮﻤﺣﻦ اﻟﺮ ِﺣ ِﻴﻢ recites َّ ِ -arraḥīm] and then imme] اﻟﺮ ِﺣ ِﻴﻢ in [م] kasrah of the leer mim mīm .[diately recites ّ ْ َ َ [māliki yawmid dīn ﻣﺎﻟِ ِﻚ ﻳﻮ ِم ِا ِﻳﻦ Ruling 991. In the third and fourth rakʿahs of prayers, a person can either recite one Surat al-Ḥamd or say one al-tasbīḥāt al-arbaʿah, i.e. he can say once: َ ُ ْ َ َ َْ ْ ُ َ َ ٰ َ َّ ُ َ ُ ْ َ ُ ﺳﺒﺤﺎن ِاﷲ و اﺤﻟﻤﺪ ِ ِﷲ و ﻻ إِ إِﻻ اﷲ و اﷲ أﻛﺮﺒ subḥānal lāhi wal ḥamdu lillāhi wa lā ilāha illal lāhu wallāhu akbar
…and it is beer that he says this three times. And a person can recite Surat al-Ḥamd in one rakʿah and say al-tasbīḥāt al-arbaʿah in the second rakʿah, although it is beer that he says al-tasbīḥāt al-arbaʿah in both the rakʿahs. 42 e last words of Surat al-Ḥamd. 252 Ruling 992. If time is short, one must say al-tasbīḥāt al-arbaʿah once, and if one does not have time for even that, it is sufficient to say subḥānal lāh once.
Ruling 993. Based on obligatory precaution, it is obligatory for men and women to recite Surat al-Ḥamd and to say al-tasbīḥāt al-arbaʿah in a whisper in the third and fourth rakʿahs of the prayer.
Ruling 994. If a person recites Surat al-Ḥamd in the third and fourth rakʿahs, it is not obligatory on him to also recite its bismillāh in a whisper, except if he is a follower in congregational prayers, in which case the obligatory precaution is that he also recites bismillāh in a whisper.
Ruling 995. A person who cannot learn al-tasbīḥāt al-arbaʿah or cannot say it correctly must recite Surat al-Ḥamd in the third and fourth rakʿahs.
Ruling 996. If a person says al-tasbīḥāt al-arbaʿah in the first two rakʿahs of prayers thinking that he is performing the last two rakʿahs, in the event that he realises this before rukūʿ he must recite Surat al-Ḥamd and the other surah; and if he realises this during or aer rukūʿ his prayer is valid.
Ruling 997. If a person recites Surat al-Ḥamd in the last two rakʿahs of prayers thinking that he is performing the first two rakʿahs, or, if one recites it in the first two rakʿahs supposing that he is performing the last two rakʿahs, his prayer is valid whether he realises this before or aer rukūʿ.
Ruling 998. If a person wants to recite Surat al-Ḥamd in the third or fourth rakʿahs but happens instead to say al-tasbīḥāt al-arbaʿah, or, if one wants to say al-tasbīḥāt al-arbaʿah but happens instead to recite Surat al-Ḥamd, then, in the event that he did not have the intention of prayers at all, not even subconsciously, he must leave whatever it was he was saying and recite Surat al-Ḥamd or say al-tasbīḥāt al-arbaʿah again. However, if it was not the case that he
253 did not have the intention of prayers but rather it was his habit to say that thing, he can complete what he was saying and his prayer is valid.
Ruling 999. With regard to someone who has a habit of saying al-tasbīḥāt al-arbaʿah in the third and fourth rakʿahs, if he ignores his habit and with the intention of performing his duty starts reciting Surat al-Ḥamd, it will suffice and it is not necessary for him to recite Surat al-Ḥamd or to say al-tasbīḥāt al-arbaʿah again.
Ruling 1000. In the third and fourth rakʿahs, it is recommended that aer al-tasbīḥāt al-arbaʿah one seeks forgiveness by saying, for example: ْ َ ْ ُ َ َ ّ َ ُ ُ َ ْ أﺳﺘﻐ ِﻔﺮ اﷲ ر ِ و أﺗﻮب إ ِﻪ astaghfirul lāha rabbī wa atūbu ilayh
…or: ْ ْ أﻢﻬﻠﻟ اﻏ ِﻔﺮ ِﻲﻟ allāhummagh fir lī O Allah! Forgive me.
If before seeking forgiveness and bending for rukūʿ one doubts whether or not he has recited Surat al-Ḥamd or said al-tasbīḥāt al-arbaʿah, he must recite Surat al-Ḥamd or say al-tasbīḥāt al-arbaʿah, and if he doubts it while seeking forgiveness or aer it, then again he must, based on obligatory precaution, recite Surat al-Ḥamd or say al-tasbīḥāt al-arbaʿah.
Ruling 1001. If in the rukūʿ of the third or fourth rakʿahs or while going into rukūʿ one doubts whether or not he has recited Surat al-Ḥamd or said al-tasbīḥāt al-arbaʿah, he must not give heed to his doubt.
Ruling 1002. Whenever one doubts whether or not he has pronounced a verse or a word correctly - for example, he doubts
254 43 ُ ْ ُ َ َ ٌ [qul huwal lāhu aḥad] ﻗﻞ ﻫ َﻮ ُاﷲ أﺣﺪ whether or not he recited correctly - he can ignore his doubt. However, if he repeats that verse or word in a correct manner as a precautionary measure, there is no problem; and even if he doubts it several times he can repeat it several times. However, if it becomes obsessive it is beer not to repeat it.
Ruling 1003. It is recommended that in the first rakʿah before reciting Surat al-Ḥamd, one says: ُ ُ َ َّ ْ َ َّ أﻋﻮذ ﺑِ ِﺎﷲ ِﻣﻦ اﻟﺸﻴﻄ ِﺎن اﻟﺮ ِﺟ ِﻴﻢ aʿūdhu billāhi minash shayṭānir rajīm I seek refuge in Allah from the outcast Satan.
And [it is recommended that] in the first and second rakʿahs of ẓuhr and ʿaṣr prayers, one recites ‘bismillāh’ aloud, and recites Surat al-Ḥamd and the other surah distinctly, and pauses at the end of every verse - i.e. he does not join it with the next verse - and while reciting Surat al-Ḥamd and the other surah, [it is recommended that] he pays aention to the meaning of the verses. Furthermore, if he is performing prayers in congregation, then aer the Imam has completed the recitation of Surat al-Ḥamd, or, if he is performing prayers on his own, aer he has completed the recitation of Surat al-Ḥamd, [it is recommended that] he says: َْ ْ ُ َ ّ ْ َ َ َ اﺤﻟﻤﺪ ِ ِﷲ ر ِب اﻟﻌﺎﻟ ِﻤﻦﻴ alḥamdu lillāhi rabbil ʿālamīn All praise is for Allah, Lord of the worlds.
…and aer completing the recitation of Surat al-Ikhlāṣ, [it is recommended that] he either says: َ ٰ َ ُ َ ّ ﻛﺬﻟِﻚ اﷲ ر ِ kadhālikal lāhu rabbī Such is Allah my Lord.
…or: 43 e first verse of Surat al-Ikhlāṣ. 255 َ ٰ َ َ ُّ َ ﻛﺬﻟِﻚ ُاﷲ رﺑﻨﺎ kadhālikal lāhu rabbunā Such is Allah our Lord.
…once, twice, or three times. And [it is also recommended that] aer reciting the other surah, he should pause for a short while and then say the takbīr before rukūʿ or qunūt.
Ruling 1004. It is recommended that in all the prayers, one should recite Surat al-Qadr44 in the first rakʿah and Surat al-Ikhlāṣ in the second.
Ruling 1005. It is disapproved for one to not recite Surat al-Ikhlāṣ [at least once] in any of the daily prayers.
Ruling 1006. Reciting Surat al-Ikhlāṣ in one breath is disapproved.
Ruling 1007. It is disapproved to recite the same surah in the second rakʿah that one has recited in the first rakʿah; however, it is not disapproved if one recites Surat al-Ikhlāṣ in both rakʿahs.
BOWING (RUKŪʿ)
Ruling 1008. In every rakʿah aer qirāʾah, one must bend forward to the extent that he can place all his fingertips, including his thumb, on his knees. is action is called ‘rukūʿ’.
Ruling 1009. If a person bends forward to the extent of rukūʿ but does not place his fingertips on his knees, there is no problem.
Ruling 1010. If a person performs rukūʿ in an unusual manner - for example, he bends towards the le or right side, or he bends his knees forward - then even if his hands reach his knees, it is invalid.
Ruling 1011. e bending forward must be done with the intention of performing rukūʿ; therefore, if it is done with some other 44 Chapter 97 of the r’an. 256 intention - for example, in order to kill an animal - then one cannot consider it as rukūʿ. Instead, he must stand up straight and then bend forward again for rukūʿ; and by doing this, a rukn is not added and the prayer does not become invalid.
Ruling 1012. If a person’s arms or knees are different to those of others - for example, his arms are very long such that if he bends a lile his hands reach his knees, or his knees are lower than those of others such that he must bend a lot for his hands to reach his knees - in these cases, he must bend forward to the usual extent [as other people do].
Ruling 1013. One who performs rukūʿ while siing must bend forward to the extent that his face is positioned directly opposite his knees; and it is beer that he bends forward to the extent that his face is positioned directly opposite the place of sajdah.
Ruling 1014. It is beer that when one has the option to, he says in rukūʿ: x 3 َ َ ْ ُ subḥānal lāh ﺳﺒﺤﺎن ِاﷲ
..or: x 1 ْ َ َ َ ْ َ ّ َ َ َ ْ ُ subḥāna rabbiyal ʿaẓīmi wa biḥamdih ﺳﺒﺤﺎن ر ِ اﻟﻌ ِﻈ ِﻴﻢ و ِﺤﺑﻤ ِﺪهِ …although saying any dhikr suffices; and based on obligatory precaution [the other dhikr] must be of this length. However, if time is short or if one is compelled to, then saying subḥānal lāh once suffices. And someone who cannot say subḥāna rabbiyal ʿaẓīmi wa biḥamdih properly must say another dhikr, such as subḥānal lāh, three times.
Ruling 1015. e dhikr of rukūʿ must be said consecutively and in correct Arabic; and it is recommended that one says it three, five, seven, or even more times.
Ruling 1016. While performing rukūʿ, one’s body must be still and
257 he must not intentionally move his body in a manner that it is no longer still, even when - based on obligatory precaution - he is not saying an obligatory dhikr. If a person intentionally does not observe this requirement to be still, then based on obligatory precaution, his prayer is invalid even if he says dhikr while his body is still.
Ruling 1017. If at the time of saying the obligatory dhikr of rukūʿ one’s body moves inadvertently or unintentionally to the extent that it is no longer still, it is beer that aer his body has become still once more he says the dhikr again. However, if his body moves a lile such that it does not stop becoming still, or, if he moves his fingers, there is no problem.
Ruling 1018. If a person, before bending all the way forward to the position of rukūʿ and before his body becomes still, intentionally says the dhikr of rukūʿ, his prayer is invalid unless he says the dhikr of rukūʿ again while his body is still; and if he does this inadvertently, it is not necessary to say it again.
Ruling 1019. If a person intentionally raises his head from rukūʿ before completing the obligatory dhikr, his prayer is invalid. However, if he raises his head inadvertently, then repeating the dhikr is not necessary.
Ruling 1020. If a person cannot remain in the position of rukūʿ for the length of the dhikr - not even for saying one subḥānal lāh, even without being still - it is not obligatory for him to say it. However, the recommended precaution is that he says the dhikr even if he says the rest of it while rising from rukūʿ with a general intention of aaining proximity to Allah (qaṣd al-qurbah al-muṭlaqah) [i.e. with the intention of aaining proximity to Allah without specifying that it is an obligatory dhikr of the prayer]; or he should start before that [i.e. he should start saying the dhikr before he has reached the position of rukūʿ with a general intention of aaining proximity to Allah].
258 Ruling 1021. If due to some illness or suchlike one cannot become still in rukūʿ, his prayer is valid. However, before coming out of the rukūʿ position, he must say the obligatory dhikr in the manner mentioned in the previous ruling.
Ruling 1022. If a person cannot bend forward to the extent of rukūʿ, he must lean on something and perform rukūʿ. And if when he leans on something he still cannot perform rukūʿ in a normal manner, he must bend forward to the extent that it can be commonly considered to be rukūʿ. And if he cannot bend forward to even this extent, he must perform rukūʿ by indicating with his head.
Ruling 1023. If someone whose duty is to make an indication with his head for rukūʿ cannot do so, he must close his eyes with the intention of performing rukūʿ and say the dhikr and then open his eyes with the intention of rising from rukūʿ. And if he is unable to do this, he must make an intention in his heart of performing rukūʿ; and based on obligatory precaution, he must make an indication with his hand for rukūʿ and say the dhikr. In this case, if it is possible, he must - based on obligatory precaution - combine this act with indicating for rukūʿ while siing [i.e. he must perform prayers while standing and perform the rukūʿs by making an intention in his heart of performing rukūʿ, indicate with his hand, and say the dhikr, and he must also perform prayers again and perform the rukūʿs while siing and indicate with his head].
Ruling 1024. Someone who cannot perform rukūʿ in a standing position but can bend forward for rukūʿ while siing must perform prayers in a standing position, and for rukūʿ, he must indicate with his head. And the recommended precaution is that he should perform another prayer, and for the rukūʿs he should sit down and bend forward.
Ruling 1025. If a person intentionally raises his head aer reaching the position of rukūʿ, and again bends forward to the extent of rukūʿ, his prayer is invalid. 259 Ruling 1026. Aer completing the dhikr of rukūʿ one must stand straight; and based on obligatory precaution, aer his body has become still he must go into sajdah. If he intentionally goes into sajdah before standing, his prayer is invalid; and the same applies, based on obligatory precaution, if he intentionally goes into sajdah before his body has become still.
Ruling 1027. If a person forgets to perform rukūʿ and remembers this before he performs sajdah, he must stand upright and then perform rukūʿ; and it will not suffice if he performs rukūʿ while in the state of bending forward [not having stood upright].
Ruling 1028. If aer one’s forehead touches the ground he remembers that he did not perform rukūʿ, it is necessary that he stands up and performs rukūʿ; and in case he remembers in the second sajdah, then based on obligatory precaution, his prayer is invalid.
Ruling 1029. It is recommended that before a person goes into rukūʿ and while standing straight he says takbīr. It is recommended that when a man performs rukūʿ, he should push back his knees, keep his back flat, stretch his neck forward and keep it in line with his back, look between his feet, invoke blessings upon Prophet Muhammad (Ṣ) and his progeny (ṣalawāt) before or aer the dhikr; and aer rising from rukūʿ and standing straight, and while his body is still, he should say: َ َ ُ َ ْ َ َ ُ ﺳ ِﻤﻊ اﷲ ﻟِﻤﻦ ِﻤﺣﺪه samiʿal lāhu liman ḥamidah
Ruling 1030. It is recommended that when a woman performs rukūʿ, she should place her hands above her knees and not push back her knees.
PROSTRATING (SUJŪD)
Ruling 1031. In every rakʿah of the obligatory and recommended
260 prayers, one must perform two sajdahs aer rukūʿ. A sajdah is performed when one places his forehead on the ground in a particular manner with the intention of humility [before Allah]. While performing a sajdah in prayers, it is obligatory that the palms of both hands, both knees, and both big toes are placed on the ground. Based on obligatory precaution, [for the purposes of sajdah] the ‘forehead’ refers to its middle area, i.e. the rectangular area when two imaginary lines are drawn between the eyebrows in the middle of the forehead up to the point that the hair grows.
Ruling 1032. Two sajdahs together comprise one rukn, and if someone does not perform both of them in obligatory prayers in one rakʿah - even if this is due to forgetfulness or not knowing the ruling - his prayer is invalid. e same applies, based on obligatory precaution, if one adds two sajdahs in one rakʿah forgetfully or due to ‘inculpable ignorance’ (al-jahl al-quṣūrī). (Inculpable ignorance is when someone has a valid excuse for not knowing).
Ruling 1033. If a person intentionally does not perform a sajdah or adds a sajdah, his prayer becomes invalid; but if he inadvertently does not perform a sajdah or adds one, his prayer does not become invalid. e rule relating to when a sajdah is not performed will be mentioned later.
Ruling 1034. If someone who can place his forehead on the ground, intentionally or inadvertently does not place it on the ground, he has not performed sajdah even if the other parts of his body touch the ground. However, if he places his forehead on the ground and inadvertently does not place the other parts of his body on the ground or inadvertently does not say dhikr, his sajdah is valid.
Ruling 1035. When one has the option to, it is beer that in sajdah he says: x 3 َ َ ْ ُ subḥānal lāh ﺳﺒﺤﺎن ِاﷲ
..or:
261 x 1 ْ َ َ َ ْ ْ َ ّ َ َ َ ْ ُ subḥāna rabbiyal aʿlā wa biḥamdih ﺳﺒﺤﺎن ر ِ اﻷ ٰﺒﻟ و ِﺤﺑﻤ ِﺪهِ …and these words must be said consecutively and in correct Arabic. Saying any dhikr suffices, but based on obligatory precaution, it must be of this length. And it is recommended that one says subḥāna rabbiyal aʿlā wa biḥamdih three, five, seven, or even more times.
Ruling 1036. While performing sujūd, one’s body must be still, and he must not intentionally move his body in a manner that it is no longer still, even when - based on obligatory precaution - he is not saying an obligatory dhikr.
Ruling 1037. If a person intentionally says the dhikr of sajdah before his forehead touches the ground and before his body becomes still, his prayer is invalid unless he says the dhikr again when his body is still. And if he intentionally raises his head from sajdah before completing the dhikr, his prayer is invalid.
Ruling 1038. If a person inadvertently says the dhikr of sajdah before his forehead touches the ground, and if before he lis his head from sajdah he realises that he has made a mistake, he must remain still and say the dhikr again. However, if his forehead touches the ground and he inadvertently says the dhikr before his body is still, it is not necessary to repeat the dhikr.
Ruling 1039. If aer one raises his head from sajdah he realises that he raised his head before he completed the dhikr of sajdah, his prayer is valid.
Ruling 1040. If while saying the dhikr of sajdah one intentionally raises one of the seven parts of the body from the ground, and if this is inconsistent with the requirement for the body to be still in sujūd, the prayer is invalid. e same applies, based on obligatory precaution, when he is not saying the dhikr.
Ruling 1041. If before completing the dhikr of sajdah one
262 inadvertently raises his forehead from the ground, he must not place it on the ground again, and he must count it as one sajdah. However, if he inadvertently raises another part of his body from the ground, he must place it back on the ground and say the dhikr.
Ruling 1042. Aer completing the dhikr of the first sajdah, one must sit until his body becomes still and then go into sajdah again.
Ruling 1043. In sajdah, the difference in height between the place where one places his forehead and where he places his knees and toes must not be more than four closed fingers. In fact, the obligatory precaution is that the difference in height between the place where he places his forehead and the place where he stands must also not be more than four closed fingers.
Ruling 1044. On sloping ground, even if the incline is not very evident, if the difference in height between the place of one’s forehead and the place of his knees and toes is more than four closed fingers, his prayer is problematic [i.e. based on obligatory precaution, it is not valid].
Ruling 1045. If a person mistakenly places his forehead on something that is higher than the place of his knees and toes by more than the height of four closed fingers, in the event that the height of the object is such that it cannot be said he is performing sajdah, he must raise his head and place it on something that is not higher than the height of four closed fingers. And if the height of the object is such that it can be said he is performing sajdah, in the event that he becomes aware of this aer saying the obligatory dhikr, he can raise his head from sajdah and complete the prayer. However, if he becomes aware of this before saying the obligatory dhikr, he must slide his head from it and place it on something that is equal to or lower than the height of four closed fingers and then say the obligatory dhikr. And if it is not possible for him to slide his forehead in this manner, he can say the obligatory dhikr in the position that he is in and complete the prayer, and it is not necessary for him to perform the prayer again.
263 Ruling 1046. ere must not be a barrier between one’s forehead and the thing that it is permied to perform sajdah on. erefore, if the turbah45 is so dirty that his forehead does not make contact with the turbah itself, the sajdah is invalid. However, if, for example, only the colour of the turbah has changed, there is no problem.
Ruling 1047. In sajdah , one must place his two palms on the ground; and based on obligatory precaution, one must place the whole of his palms on the ground if possible. However, if it is not possible, there is no problem in him placing the back of his hand on the ground; and if placing the back of the hand is not possible either, then based on obligatory precaution, he must place his wrists on the ground; and in the event that even this is not possible, he must place any part of his forearm up to his elbows on the ground; and if this is not possible either, then placing the upper arm on the ground is sufficient.
Ruling 1048. In sajdah, one must place his two big toes on the ground. However, it is not necessary to place the tips of the toes on the ground; rather, placing the back or front of them also suffices. If a person does not place his big toe on the ground but instead places his other toes or the top of his foot on the ground, or, if on account of having long nails his big toe does not make contact with the ground, his prayer is invalid. And if one has performed prayers in this manner while not knowing the ruling due to his own fault, he must perform them again.
Ruling 1049. If part of one’s big toe has been cut off, he must place the rest of it on the ground; and if nothing of it remains or the remaining part is very short and cannot in any way be placed on the ground or on something else, then based on obligatory precaution, he must place his other toes on the ground. If he does not have any toes, he must place whatever is remaining of his foot on the ground.
45 A turbah is a piece of earth or clay on which one places his forehead in sajdah. 264 Ruling 1050. If a person performs sajdah in an unusual manner - for example, he places his chest and stomach on the ground, or he stretches his legs a lile - in the event that it can be said that he has performed sajdah , his prayer is valid. However, if it is said that he lay down and it cannot be called a sajdah, his prayer is invalid.
Ruling 1051. e part of the turbah or the thing on which it is permied to perform sajdah must be pure. However, if, for example, one places a turbah on an impure carpet, or, if one side of the turbah is impure and he places his forehead on its pure side, or, if one part of the turbah is pure and another impure, then as long as it does not make the forehead impure, there is no problem.
Ruling 1052. If there is a boil, wound, or suchlike on one’s forehead that cannot be placed on the ground even without him exerting any pressure on it, in the event that the boil, for example, does not cover his entire forehead, he must perform sajdah with the unaffected part of his forehead. And if performing sajdah with the unaffected part is dependent on him digging a hole in the ground and placing his boil in the hole and placing the unaffected part on the ground to the extent that is sufficient for sajdah, then he must do this. (e explanation of what is meant by ‘forehead’ was mentioned at the beginning of this section).
Ruling 1053. If a boil or wound covers one’s entire forehead as previously defined, then based on obligatory precaution, he must place either side of it - i.e. the rest of his forehead - or one side of it, on the ground in whatever way he can. If he cannot do this, he must perform sajdah with a part of his face; and the obligatory precaution is that if he can, he must perform sajdah with his chin. If he cannot perform sajdah with one of the two sides of his forehead, and if performing sajdah with his face is not possible at all, he must perform sajdah by indication.
Ruling 1054. With regard to someone who can sit but cannot make his forehead touch the ground, if he can bend forward to the extent
265 that it can be commonly called sajdah, he must bend forward to that extent and place the turbah or something else on which it is permied to perform sajdah on something elevated, and then he must place his forehead on it. However, he must place his palms, knees, and toes on the ground in the usual manner if possible.
Ruling 1055. In the situation mentioned in the previous ruling, if there is no elevated object upon which to place the turbah or something else on which it is permied to perform sajdah, and there is no one who can, for example, raise the turbah and hold it so that he can perform sajdah on it, then in such a case, he must raise the turbah or the other thing with his hand and perform sajdah on it.
Ruling 1056. If a person cannot perform sajdah at all and the extent to which he can bend forward is not sufficient for it to be called sajdah, he must perform sajdah by indicating with his head. If he cannot do this, he must indicate with his eyes. If he cannot even indicate with his eyes, he must make the intention of performing sajdah in his heart; and based on obligatory precaution, he must indicate with his hands and suchlike and say the obligatory dhikr.
Ruling 1057. If a person’s forehead is raised involuntarily from the place of sajdah, in the event that it is possible to do so, he must not let it touch the place of sajdah again; this is considered to be one sajdah, whether he has said the dhikr of sajdah or not. If he cannot keep check of his head’s movements and his forehead involuntarily touches the place of sajdah again, then this is still considered to be one sajdah. However, if he has not said the dhikr, the obligatory precaution is that he must say it but he must do so with a general intention of aaining proximity to Allah and not with a specific intention [i.e. not with the intention of it being an obligatory dhikr of the prayer].
Ruling 1058. In a situation where one must observe taqiyyah,46 he
46 Taqiyyah refers to the discretionary concealment of one’s beliefs under duress. 266 can perform sajdah on a rug or something similar, and it is not necessary that he goes to another place to perform prayers, or that he delays prayers in order to perform them in that place once the reason for observing taqiyyah is no longer valid. However, if in the same place he can perform sajdah on haṣīr or something else that is valid to perform sajdah on in a manner that does not contravene taqiyyah, then he must not perform sajdah on a rug or something similar.
Ruling 1059. If a person performs sajdah on a feather maress or a similar thing and his body does not stay still, it is invalid.
Ruling 1060. If a person is compelled to perform prayers on muddy ground, in the event that it does not cause him excessive difficulty (mashaqqah) for his body and dress to become soiled with mud, he must perform sajdah and say tashahhud in the normal manner. However, if it does cause him excessive difficulty, he must indicate with his head for sajdah while he is standing and also say tashahhud standing. In such a situation, his prayer is valid.
Ruling 1061. In the first and third rakʿahs, which do not have tashahhud - as is the case in the third rakʿah of ẓuhr, ʿaṣr, and ʿishāʾ prayers - the obligatory precaution is that aer the second sajdah, one must sit still for a moment and then stand up.
THINGS ON WHICH SAJDAH IS PERMITTED (JĀʾIZ)
Ruling 1062. One must perform sajdah on earth and on those things that grow from the earth but are neither edible nor worn, such as wood and the leaves of trees. It is not permied to perform sajdah on edible things nor on things that are worn, such as wheat, barley, and coon, nor on things that are not considered to be part of the earth, such as gold, silver, and suchlike. However, when one is compelled to, performing sajdah on tar and asphalt (which is a lower grade of tar) take precedence over other things on which it is not permied to perform sajdah.
267 Ruling 1063. Performing sajdah on grape vine leaves when they are delicate and edible is not permissible; otherwise, there is no problem.
Ruling 1064. It is permied to perform sajdah on things that originate from the ground that are food for animals, such as grass and straw.
Ruling 1065. It is permied to perform sajdah on flowers that are not edible. In fact, it is also permied to perform sajdah on edible medicinal foliage and suchlike that grow from the ground and are steamed or boiled and its water drunk, such as violets and borage.
Ruling 1066. It is not permied to perform sajdah on plants that are commonly eaten in some towns but not in others if they are also considered edible in those other towns. Furthermore, based on obligatory precaution, it is not permied to perform sajdah on unripe fruit.
Ruling 1067. It is permied to perform sajdah on limestone and gypsum. In fact, there is also no problem in performing sajdah on baked gypsum and lime, brick, and on a clay pitcher.
Ruling 1068. It is permied to perform sajdah on writing paper that is made from something on which it is permied to perform sajdah, such as wood and grass; and the same applies if it is made out of coon or flax. However, if it is made out of silk and suchlike, then performing sajdah on it is not permied. As for performing sajdah on tissue paper, it is only permied if one knows that it is made out of something on which it is permied to perform sajdah.
Ruling 1069. e best thing on which to perform sajdah is the turbah of His Eminence al-Sayyid al-Shuhadāʾ [Imam al-Ḥusayn] (ʿA), and aer that, earth, then stone, and then grass.
Ruling 1070. If a person does not have anything on which it is permied to perform sajdah, or, if he does have something but
268 he cannot perform sajdah on it on account of severe heat or cold and suchlike, then performing sajdah on tar and asphalt takes precedence over performing sajdah on other things. However, if it is not possible to perform sajdah on them, one must perform sajdah on his clothes or on any other thing on which performing sajdah is not permied in normal circumstances; however, the recommended precaution is that as long as it is possible to perform sajdah on his clothes, he should not perform sajdah on anything else.
Ruling 1071. Performing sajdah on mud and so soil on which one’s forehead cannot remain still is invalid.
Ruling 1072. If in the first sajdah the turbah sticks to one’s forehead, he must remove it for the second sajdah.
Ruling 1073. If while performing prayers the thing on which one performs sajdah is lost and he does not have anything else on which performing sajdah is permied, he can act according to the sequence mentioned in Ruling 1070, irrespective of whether time is short or it is sufficient for him to break his prayer and perform it again.
Ruling 1074. If while performing sajdah one realises that he has placed his forehead on something that invalidates a sajdah, in the event that he becomes aware of this aer saying the obligatory dhikr, he can raise his head from sajdah and continue with the prayer. However, if he becomes aware of this before saying the obligatory dhikr, he must slide his forehead onto something on which it is permied to perform sajdah and then say the obligatory dhikr. And if it is not possible for him to slide his forehead, he can say the obligatory dhikr as he is. In both cases, his prayer is valid.
Ruling 1075. If a person realises aer performing sajdah that he had placed his forehead on a thing that is not valid for performing sajdah on, there is no problem.
269 Ruling 1076. It is unlawful to perform sajdah for any being other than Allah. Some people place their forehead on the ground in front of the graves of the Imams (ʿA); if they do this for offering thanks to Allah, there is no problem; otherwise, it is problematic [i.e. based on obligatory precaution, it must not be done].
RECOMMENDED (MUSTAḤABB) AND DISAPPROVED (MAKRŪH) ACTS OF SAJDAH
Ruling 1077. e following things are recommended when performing sajdah:
1. saying takbīr before going into sajdah. For someone who performs prayers standing, this should be performed aer he has raised his head from rukūʿ and has stood perfectly straight; and for someone who performs prayers siing, this should be performed aer he has sat perfectly upright; 2. when one wants to go into sajdah, a man should place his hands on the ground first and a woman her knees first; 3. one should also place his nose on a turbah or on something on which it is permied to perform sajdah; 4. when in sajdah, one should join his fingers together and place them in line with his ears such that the tips of his fingers face qibla; 5. one should supplicate in sajdah and seek from Allah that He fulfils his needs (ḥājāt), and he should recite this duʿāʾ: َ َ ْ َ ْ َ ْ ُ َ َ َ َ ْ َ ْ ُ ْ َ ُ ْ ُ ْ َ ْ ُ ْ َ ْ َ ْ َ َ َّ َ ُ ﻳﺎ ﺧﺮﻴ اﻟﻤﺴﺆ ِﻟﻦﻴ و ﻳﺎ ﺧﺮﻴ اﻟﻤﻌ ِﻄﻦﻴ، ارزﻗ ِﻲﻨ و ارزق ِﻗﻴ ِﺎﻲﻟ ِﻣﻦ ﻓﻀ ِﻠﻚ، ﻓﺈﻧﻚ ذو ْ َ ْ ْ َ اﻟﻔﻀ ِﻞ اﻟﻌ ِﻈ ِﻴﻢ yā khayral masʾūlīn wa yā khayral muʿṭīn, urzuqnī war zuq ʿiyālī min faḍlik, faʾinnaka dhūl faḍlil ʿaẓīm O the Best of those who are Asked, and O the Best Bestower! Grant me sustenance and grant my family sustenance with Your grace, for indeed. You are Possessor of the Great Grace;
6. aer sajdah, one should sit with his weight placed on his le thigh and he should place the top part of his right foot on the sole of his le foot;
270 7. aer each sajdah, when one sits and his body is still, he should say takbīr; 8. aer the first sajdah, when one’s body is still, he should say: ْ َ ْ ُ َ َ ّ َ ُ ُ َ ْ أﺳﺘﻐ ِﻔﺮ اﷲ ر ِ و أﺗﻮب إ ِﻪ astaghfirul lāha rabbī wa atūbu ilayh
9. one should prolong his sajdah, and when siing, he should place his hands on his thighs; 10. before going into the second sajdah, one should say allāhu akbar while his body is still; 11. one should invoke blessings upon Prophet Muhammad (Ṣ) and his progeny (ṣalawāt) in sajdah, 12. when geing up, one should li his hands from the ground aer liing his knees; 13. men should not make their elbows touch the ground; also, they should keep their stomachs raised higher from the ground (compared to women) and keep their arms detached from their sides. Women should place their elbows on the ground, keep their stomachs closer to the ground, and keep their limbs joined to one another.
Other recommended acts of sajdah are mentioned in more detailed books.
Ruling 1078. It is disapproved to recite the r’an while in sajdah. Furthermore, it is disapproved to blow on the place of sajdah in order to remove dust from it, and if as a result of blowing two words intentionally come out of one’s mouth, then based on obligatory precaution, the prayer is invalid.
Apart from these instances, there are other disapproved acts that are mentioned in more detailed books.
OBLIGATORY (WĀJIB) PROSTRATIONS OF THE QUR’AN
Ruling 1079. In each of the four surahs ‘al-Sajdah’, ‘Fuṣṣilat’,
271 ‘al-Najm’, and ‘al-ʿAlaq’, there is a verse of sajdah,47 which means that if one recites this verse or listens to it, he must immediately perform sajdah aer the verse has finished. If he forgets to do this, he must perform sajdah whenever he remembers. Performing sajdah is not obligatory if one hears such a verse involuntarily, although it is beer that he does.
Ruling 1080. If when listening to a verse of sajdah one also recites along with it, he must perform two sajdahs.
Ruling 1081. If a person is performing a sajdah that is not part of prayers and he recites or listens to a verse of sajdah, he must raise his head from sajdah and perform sajdah again.
Ruling 1082. If a person hears or listens to a verse of sajdah being recited by a person who is asleep or insane, or from a child who cannot distinguish between the verses of the r’an, then sajdah becomes obligatory. However, if he hears it from a gramophone or a tape recorder [or some other sound-playing device], then sajdah is not obligatory. e same applies [i.e. sajdah is not obligatory] to hearing it from a radio if it is pre-recorded. However, if someone recites a verse of sajdah live on the radio and one listens to it live, then sajdah is obligatory.
Ruling 1083. Based on obligatory precaution, for an obligatory sajdah of the r’an, the place where one performs sajdah must not be usurped. And based on recommended precaution, the place of his forehead in relation to the place of his knees and the tips of his toes should not be higher or lower than the height of four closed fingers. However, it is not necessary for him to have wuḍūʾ or ghusl, face qibla, cover his private parts, or for his body and the place of his forehead to be pure. Furthermore, the conditions relating to the clothing of someone performing prayers do not apply.
47 In Surat al-Sajdah (Chapter 32), the verse is number 15; in Surah Fuṣṣilat (Chapter 41), it is verse 37; in Surat al-Najm (Chapter 53), it is verse 62; and in Surat al-ʿAlaq (Chapter 96), it is verse 19. 272 Ruling 1084. e obligatory precaution is that for an obligatory sajdah of the r’an, one must place his forehead on a turbah or on something else on which it is permied to perform sajdah. And based on recommended precaution, one should place the other parts of his body on the ground in accordance with the instructions that were mentioned with regard to performing sajdah in prayers.
Ruling 1085. Even if one does not say any dhikr when he places his forehead on the ground with the intention of performing an obligatory sajdah of the r’an, it is sufficient. However, saying a dhikr is recommended, and it is beer to say the following: َ ٰ َ َّ ُ َ ّ ً َ ّ ً َ ٰ َ َّ ُ َ ً َّ َ ْ ً َ ٰ َ َّ ُ ُ ُ َّ ً َّ ّ ً َ َ ْ ُ ﻻ إﻟﻪ إﻻ اﷲ ﺣﻘﺎ ﺣﻘﺎ، ﻻ إﻟﻪ إﻻ اﷲ إﻳﻤﺎﻧﺎ و ﺗﺼ ِﺪﻳﻘﺎ، ﻻ إﻟﻪ إﻻ اﷲ ﻗﺒ ِﻮدﻳﺔ و ِرﻗﺎ، ﺳﺠﺪت َ َ َ ّ َ َ ُّ ً َّ ّ ً َ ُ ْ َ ْ ً َّ َ ُ ْ َ ْ ً َ ْ َ َ ْ ٌ َ ٌ َ ٌ َ ٌ ُ ْ َ ٌ ﻟﻚ ﻳﺎ ر ِب ﻳﻌﺒﺪا و ِرﻗﺎ، ﻻ ﻣﺴﺘﻨ ِﻜﻔﺎ و ﻻ ﻣﺴﺘﻜ ِﺮﺒا، ﺑﻞ أﻧﺎ ﻗﺒﺪ ذ ِ ﻞ ﺿ ِﻌﻴﻒ ﺧﺎﺋِﻒ ﻣﺴﺘ ِﺠﺮﻴ lā ilāha illal lāhu ḥaqqan ḥaqqa, lā ilāha illal lāhu iymānaw wa taṣdīqa, lā ilāha illal lāhu ʿubūdiyyataw wa riqqa, sajadtu laka yā rabbi taʿabbudaw wa riqqa, lā mustankifaw wa lā mustakbira, bal anā ʿabdun dhalīlun ḍaʿīfun khāʾifum mustajīr ere is no god but Allah, truly, truly. ere is no god but Allah, I believe in this certainly and I affirm it certainly. ere is no god but Allah, I testify this in servitude and as a slave. I prostrate to You, O my Lord, in servitude and as a slave; not disdainfully nor arrogantly. Rather, I am a servant lowly, weak, fearing, and seeking refuge.
TESTIFYING (TASHAHHUD)
Ruling 1086. In the second rakʿah of all obligatory and recommended prayers, and in the third rakʿah of maghrib prayers, and in the fourth rakʿah of ẓuhr, ʿaṣr and ʿishāʾ prayers, one must sit [in a kneeling type of position] aer the second sajdah; and while his body is still, he must say tashahhud, i.e.: َ ْ َ ُ َّ ٰ َ َّ ُ َ ْ َ ُ َ َ َ َ ُ َ ْ َ ُ َّ ُ َ َّ ً َ ْ ُ ُ َ َ ُ ُ ُ َ َ ّ َ َ أﺷﻬﺪ أن ﻻ إﻟﻪ إﻻ اﷲ وﺣﺪه ﻻ ِﺮﺷﻳﻚ ، و أﺷﻬﺪ أن ﺤﻣﻤﺪا ﻗﺒﺪه و رﺳﻮ ، اﻢﻬﻠﻟ ﺻ ِﻞ ٰﺒﻟ ُ َ َّ َّ ُ َ َّ ﺤﻣﻤ ٍﺪ و ِآل ﺤﻣﻤ ٍﺪ ashhadu al lā ilāha illal lāhu waḥdahu lā sharīka lah, wa ashhadu anna muḥammadan ʿabduhu wa rasūluh, allāhumma ṣalli ʿalā muḥammadiw wa āli muḥammad 273 And it is sufficient for one to say: ْ َ ُ َّ ٰ َ َّ ُُ ْ َ ُ َ َّ ُ َ َّ ً َ َّ ُ َ َ ْ َ ْ ُ ُ َ ُ ُ أﺷﻬﺪ أن ﻻ إﻟﻪ إﻻ اﷲ، َو أﺷﻬﺪ أن ﺤﻣﻤﺪا ﺻﻠﻰ اﷲ ﻋﻠﻴ ِﻪ َو ِآﻟ ِﻪ ﻗﺒﺪه َو رﺳ ُﻮ ashhadu al lā ilāha illal lāh, wa ashhadu anna muḥammadan ṣallal lāhu ʿalayhi wa ālihī ʿabduhu wa rasūluh
Tashahhud is also necessary in the prayer of witr.48
Ruling 1087. e words of tashahhud must be said in correct Arabic and consecutively in a normal manner.
Ruling 1088. If a person forgets tashahhud, stands up, and remembers before going into rukūʿ that he has not performed it, he must sit down, say tashahhud, stand up again, recite everything that must be recited in that rakʿah, and complete the prayer. And based on recommended precaution, aer completing the prayer he should perform two sajdat al-sahws for standing without due reason. However, if he remembers [that he has not said tashahhud] during or aer performing rukūʿ, then he must complete the prayer. And based on recommended precaution, aer the salām of the prayer he should perform qaḍāʾ of the tashahhud, and he must perform two sajdat al-sahws for the forgoen tashahhud.
Ruling 1089. It is recommended that while saying tashahhud, one should sit with his weight placed on his le thigh, and place the front of his right foot on the sole of his le; and before tashahhud, he should say: َ ْ ْ ُ اﺤﻟَﻤﺪ ِ ِﷲ alḥamdu lillāh
. . .or he should say:
َ َ َْ ْ ُ َ َ ْ ُ ْ ْ َ ِۢ ِاﷲ و ﺑِ ِﺎﷲ و اﺤﻟﻤﺪ ِ ِﷲ و ﺧﺮﻴ اﻷﺳﻤ ِﺎء ِ ِﷲ
48 is is the one rakʿah prayer that is performed as part of the night prayer. See Ruling 752. 274 bismil lāhi wa billāhi wal ḥamdu lillāhi wa khayrul asmāʾi lillāh In the name of Allah and by Allah. All praise is for Allah and the best names belong to Allah.
It is also recommended that one places his hands on his thighs, closes his fingers together, looks at his lap, and says aer reciting ṣalawāt in tashahhud َ َ َّ ْ َ َ َ َ ُ ْ َ ْ َ َ َ ُ َو ﻳﻘﺒﻞ ﺷﻔﺎﻗﺘﻪ َو ارﻓﻊ د َرﺟﺘﻪ wa taqabbal shaāʿatahu war faʿ darajatah
Ruling 1090. It is recommended that when saying tashahhud, women should keep their thighs closed together.
SALUTATION (SALĀM)
Ruling 1091. Aer completing tashahhud of the last rakʿah of the prayer, it is recommended that while one is siing and his body is still, he should say: َ َّ َ ُ َ َ ْ َ ُّ َ َّ َ َ ْ َ ُ َ َ َ َ ُ ُ اﻟﺴﻼم ﻋﻠﻴﻚ ﻛﻓﻬﺎ اﺠ ِﺒ ُّﻲ و رﻤﺣﺔ ِاﷲ و ﺑﺮﺎﻛﺗﻪ assalāmu ʿalayka ayyuhan nabiyyu wa raḥmatul lāhi wa barakātuh
And aer that, he must say: َ َ َ َ ْ ا َّﻟﺴﻼ ُم ﻋﻠﻴ ْﻜﻢ assalāmu ʿalaykum
And the recommended precaution is that [aer saying assalāmu ʿalaykum,] one adds the sentence: َ ْ َ ُ َ ُ ُ َو رﻤﺣﺔ ِاﷲ َو ﺑ َﺮﺎﻛﺗﻪ wa raḥmatul lāhi wa barakātuh
Or [i.e. instead of saying assalāmu ʿalaykum], one must say: َ َّ َ ُ َ َ ْ َ َ َ َ َّ َ اﻟﺴﻼم ﻋﻠﻴﻨﺎ َو ٰﺒﻟ ِﻋﺒ ِﺎد ِاﷲ اﻟﺼ ِ ِﺎﺤﻟﻦﻴ assalāmu ʿalaynā wa ʿalā ʿibādil lāhīṣ ṣāliḥīn
275 However, if he says this, then the obligatory precaution is that he must also say aer it: َ َ َ َ ْ ا َّﻟﺴﻼ ُم ﻋﻠﻴ ْﻜﻢ assalāmu ʿalaykum
Ruling 1092. If a person forgets the salām of the prayer and remembers it before the form of the prayer has broken up, and if he has not intentionally or inadvertently done something that would invalidate his prayer - such as turning his back to qibla - then he must say the salām and his prayer is valid.
Ruling 1093. If a person forgets the salām of the prayer and remembers it aer the form of the prayer has broken up, or if he has intentionally or inadvertently done something that would invalidate his prayer - such as turning his back to qibla - then his prayer is valid.
SEQUENCE (TARTĪB)
Ruling 1094. If a person intentionally breaks the sequence of prayers - for example, he recites the other surah before Surat al-Ḥamd, or he performs sajdah before rukūʿ - his prayer becomes invalid.
Ruling 1095. If a person forgets a rukn of the prayer and performs the rukn that comes aer it - for example, before performing rukūʿ he performs two sajdahs - then based on obligatory precaution, his prayer is invalid.
Ruling 1096. If a person forgets a rukn and performs the act aer it which is not a rukn - for example, before performing two sajdahs he says tashahhud - he must perform the rukn and then perform again what he mistakenly performed before it.
Ruling 1097. If a person forgets something that is not a rukn and performs the rukn that comes aer it - for example, he forgets Surat al-Ḥamd and starts performing rukūʿ - his prayer is valid.
276 Ruling 1098. If a person forgets something that is not a rukn and performs the act that comes aer it that is not a rukn either - for example, he forgets Surat al-Ḥamd and recites the other surah - he must perform the act he forgot and then perform the act that he mistakenly performed before it.
Ruling 1099. If a person performs the first sajdah thinking that it is the second sajdah, or, if he performs the second sajdah thinking that it is the first, his prayer is valid. And [the sajdah he deems as] his first sajdah is counted as the first sajdah, and [the sajdah he deems as] his second sajdah is counted as the second sajdah.
CLOSE SUCCESSION (MUWĀLĀH)
Ruling 1100. One must perform prayers with close succession, i.e. he must perform acts such as rukūʿ, sujūd, and tashahhud one aer the other, and he must say those things that are said in prayers one aer the other in a normal manner. If a person delays between the acts to the extent that it cannot be said he is performing prayers, his prayer is invalid.
Ruling 1101. If during prayers one inadvertently pauses between leers and words but the pause is not long enough for it to break up the form of the prayer, in the event that he has not started performing the rukn aer it, he must say those leers or words in the normal manner. If he has said something aer it, it is necessary that he repeats it, and if he has started performing the rukn aer it, his prayer is valid.
Ruling 1102. Prolonging rukūʿ and sujūd and reciting long surahs does not break muwālāh.
QUNŪT
Ruling 1103. In all the obligatory and recommended prayers, it is recommended to perform qunūt before the rukūʿ of the second rakʿah. However, in the prayer of shafʿ, one must perform it with
277 the intention of rajāʾ; and in the prayer of witr - despite it being only one rakʿah - it is recommended to perform qunūt before rukūʿ. In the Friday prayer, each rakʿah has a qunūt. Ṣalāt al-āyāt has five qunūts, and the Eid al-Fiṭr and Eid al-Aḍḥā prayers each have a number of qunūts in the two rakʿahs, details of which will be explained in their own place.
Ruling 1104. It is recommended that in qunūt one places his hands in front of his face with his palms facing the sky and with both hands kept next to each other; and apart from his thumb, he should close his other fingers together, and look at the palms of his hands. In fact, based on obligatory precaution, qunūt is incorrect without raising the hands unless it is necessary for one not to [raise his hands].
Ruling 1105. In qunūt, it is sufficient to say any dhikr, even if it is one ‘subḥānal lāh’, and it is beer if one says the following: ْ َ ٰ َ َّ ُ َ ُ ْ َ ُ َ ٰ َ َّ ُ ْ َ ُّ ْ َ ُ ُ ْ َ َ َ ّ َّ َ َ َّ ْ ﻻ إﻟﻪ إﻻ اﷲ اﺤﻟ ِﻠﻴﻢ اﻟﻜ ِﺮﻳﻢ، ﻻ إﻟﻪ إﻻ اﷲ اﻟﻌ ِﻠﻲ اﻟﻌ ِﻈﻴﻢ، ﺳﺒﺤﺎن ِاﷲ ر ِب اﻟﺴﻤﺎو ِات اﻟﺴﺒ ِﻊ، َ َ ّ ْ َ َ َّ ْ َ َ َّ َ َ َ ْ َ ُ َّ َ َ ّ ْ َ ْ ْ َ َ َْ ْ ُ َ ّ ْ َ َ َ و ر ِب اﻷر ِﺿﻦﻴ اﻟﺴﺒ ِﻊ، و ﻣﺎ ِﻓ ِﻴﻬﻦ و ﻣﺎ ﺑﻴﻨﻬﻦ و ر ِب اﻟﻌﺮ ِش اﻟﻌ ِﻈ ِﻴﻢ، و اﺤﻟﻤﺪ ِ ِﷲ ر ِب اﻟﻌﺎﻟ ِﻤﻦﻴ lā ilāha illal lāhul ḥalīmul karīm, lā ilāha illal lāhul ʿaliyyul ʿaẓīm, subḥānal lāhi rabbis samāwātis sabʿ, wa rabbil araḍīnas sabʿ, wa mā īhinna wa mā baynahunna wa rabbil ʿarshil ʿaẓīm, wal ḥamdu lillāhi rabbil ʿālamīn
Ruling 1106. It is recommended that one says the dhikr in qunūt aloud. However, with regard to someone who is performing prayers in congregation, if the imam would be able to hear him, then saying it aloud is not recommended.
Ruling 1107. If a person intentionally does not perform qunūt, it cannot be made up; and if he forgets to perform it and remembers it before bending forward to the extent required for rukūʿ, it is recommended that he stands up and performs it. And if he remembers it in rukūʿ, it is recommended that he makes it up aer the rukūʿ; and if he remembers it in sajdah, it is recommended that he makes it up aer the salām.
278 TRANSLATION OF PRAYERS
1. Translation of Surat al-Ḥamd
َّ ْ ٰ َّ ِۢ ِاﷲ اﻟﺮﻤﺣ ِﻦ اﻟﺮ ِﺣ ِﻴﻢ bismil lāhir raḥmānir raḥīm In the Name of Allah, the All-beneficent, the All-merciful.
َْ ْ ُ َ ّ ْ َ َ َ اﺤﻟﻤﺪ ِ ِﷲ ر ِب اﻟﻌﺎﻟ ِﻤﻦﻴ alḥamdu lillāhi rabbil ʿālamīn All praise belongs to Allah, Lord of all the worlds,
َّ ْ ٰ َّ اﻟﺮﻤﺣ ِﻦ اﻟﺮ ِﺣ ِﻴﻢ arraḥmanir raḥīm the All-beneficent, the All-merciful,
َ َ ْ ّ ﻣﺎﻟِ ِﻚ ﻳﻮ ِم ِا ِﻳﻦ māliki yawmid dīn Master of the Day of Retribution.
َّ َ َ ْ ُ ُ َ َّ َ َ ْ َ ُ إِﻳﺎك ﻏﻌﺒﺪ و إِﻳﺎك ﻧﺴﺘ ِﻌﻦﻴ iyyāka naʿbudu wa iyyāka nastaʿīn You [alone] do we worship, and to You [alone] do we turn for help.
ْ َ ّ َ َ ْ ُ ْ َ َ ِاﻫ ِﺪﻧﺎ ِاﻟﺮﺼاط اﻟﻤﺴﺘ ِﻘﻴﻢ ihdinaṣ ṣirāṭal mustaqīm Guide us on the straight path,
َ َ َ َّ َ ْ َ ْ َ َ َ ْ ْ َ ْ ْ َ ْ ُ َ َ ْ ْ َ َ َّ ّ َ ِﺮﺻاط ِا ﻳﻦ أﻏﻌﻤﺖ ﻋﻠﻴ ِﻬﻢ ﻟ ِﺮﻴ اﻟﻤﻐﻀ ِﻮب ﻋﻠﻴ ِﻬﻢ وﻻ اﻟﻀ ِﺎﻟﻦﻴ ṣirāṭal ladhīna anʿamta ʿalayhim ghayril maghḍūbi ʿalayhim wa laḍ ḍāllīn the path of those whom You have blessed - such as have not incurred Your wrath, nor are astray.
279 2. Translation of Surat al-lkhlāṣ
َّ ْ ٰ َّ ِۢ ِاﷲ اﻟﺮﻤﺣ ِﻦ اﻟﺮ ِﺣ ِﻴﻢ bismil lāhir raḥmānir raḥīm In the Name of Allah, the All-beneficent, the All-merciful.
ُ ْ ُ َ َ ٌ ﻗﻞ ﻫ َﻮ ُاﷲ أﺣﺪ qul huwal lāhu ahad Say, ‘He is Allah, the One.’
َ َّ َ ُ ا ُﷲ اﻟﺼﻤﺪ allāhuṣ ṣamad ‘Allah is the All-embracing.’
َ ْ َ ْ َ ْ ُ َ ْ ﻟﻢ ﻳ ِﺘ َو ﻟﻢ ﻳﻮ lam yalid wa lam yūlad ‘He neither begat, nor was begoen’,
َ ُ َّ ُ ُ َ َ ٌ َوﻟ ْﻢ ﻳَﻜﻦ ُ ﻛﻔ ًﻮا أﺣﺪ wa lam yakul lahu kufuwan aḥad ‘nor has He any equal.’
3. Translation of the dhikr of rukūʿ and sujūd, and the dhikrs that are recommended to be said after them
ُ ْ َ َ َ ّ َ ْ َ َ َ ْ ﺳﺒﺤﺎن ر ِ اﻟﻌ ِﻈ ِﻴﻢ و ِﺤﺑﻤ ِﺪهِ subḥāna rabbiyal ʿaẓīmi wa biḥamdih I declare emphatically that my great Lord is free from imperfections, and I do so by praising Him.
ُ ْ َ َ َ ّ َ ْ ْ َ َ َ ْ ﺳﺒﺤﺎن ر ِ اﻷ ٰﺒﻟ و ِﺤﺑﻤ ِﺪهِ subḥāna rabbiyal aʿlā wa biḥamdih
280 I declare emphatically that my most high Lord is free from imperfections, and I do so by praising Him.
َ َ ُ َ ْ َ َ ُ ﺳ ِﻤﻊ اﷲ ﻟِﻤﻦ ِﻤﺣﺪه samiʿal lāhu liman ḥamidah Allah hears the one who praises Him.
ْ َ ْ ُ َ َ ّ َ ُ ُ َ ْ أﺳﺘﻐ ِﻔﺮ اﷲ ر ِ و أﺗﻮب إ ِﻪ astaghfirul lāha rabbī wa atūbu ilayh I seek forgiveness from Allah, My Lord, and I turn to Him in repentance.
َ ْ َ ُ َّ َ ُ ُ َ َ ْ ُ ُ ِﺤﺑﻮ ِل ِاﷲ و ﻗﻮﺗِ ِﻪ أﻗﻮم و أﻗﻌﺪ biḥawlil lāhi wa qūwwatihi aqūmu wa aqʿud I stand and sit by the strength of Allah and by His power.
4. Translation of qunūt
َ ٰ َ َّ ُ َْ ُ ْ َ ُ ﻻ إﻟﻪ إﻻ اﷲ اﺤﻟ ِﻠﻴﻢ اﻟﻜ ِﺮﻳﻢ lā ilāha illal lāhul ḥalīmul karīm ere is no god but Allah, the Forbearing, the Generous.
َ ٰ َ َّ ُ ْ َ ْ َ ُ ﻻ إﻟﻪ إﻻ اﷲ اﻟﻌ ِﻠ ُّﻲ اﻟﻌ ِﻈﻴﻢ lā ilāha illal lāhul ʿaliyyul ʿaẓīm ere is no god but Allah, the High, the Great.
ُ ْ َ َ َ ّ َّ َ َ َّ ْ َ َ ّ ْ َ َ َّ ْ ﺳﺒﺤﺎن ِاﷲ ر ِب اﻟﺴﻤﺎو ِات اﻟﺴﺒ ِﻊ و ر ِب اﻷر ِﺿﻦﻴ اﻟﺴﺒ ِﻊ subḥānal lāhi rabbis samāwātis sabʿi wa rabbil araḍīnas sabʿ I declare emphatically that Allah, Lord of the seven skies and Lord of the seven earths, is free from imperfections,
َ َ َّ َ َ َ ْ َ ُ َّ َ َ ّ ْ َ ْ ْ َ و ﻣﺎ ِﻓ ِﻴﻬﻦ و ﻣﺎ ﺑﻴﻨﻬﻦ و ر ِب اﻟﻌﺮ ِش اﻟﻌ ِﻈ ِﻴﻢ 281 wa mā īhinna wa mā baynahunna wa rabbil ʿarshil ʿaẓīm and all that is in them and all that is between them, and Lord of the Great rone.
َ َْ ْ ُ َ ّ ْ َ َ َ و اﺤﻟﻤﺪ ِ ِﷲ ر ِب اﻟﻌﺎﻟ ِﻤﻦﻴ wal ḥamdu lillāhi rabbil ʿālamīn And all praise is for Allah, Lord of the worlds.
5. Translation of al-tasbīḥāt al-arbaʿah
َ ُ ْ َ َ َْ ْ ُ َ َ ٰ َ َّ ُ َ ُ ْ َ ُ ﺳﺒﺤﺎن ِاﷲ و اﺤﻟﻤﺪ ِ ِﷲ و ﻻ إِ إِﻻ اﷲ و اﷲ أﻛﺮﺒ subḥānal lāhi wal ḥamdu lillāhi wa lā ilāha illal lāhu wallāhu akbar I declare emphatically that Allah is free from imperfections, and all praise is for Allah, and there is no god but Allah, and Allah is greater [than what He is described as].
6. Translation of the complete tashahhud and salām
َ َ َْ ْ ُ ْ َ ُ َّ ٰ َ َّ ُ َ ْ َ ُ َ َ َ َ ُ َ ْ َ ُ َّ ُ َ َّ ً َ ْ ُ ُ َ َ ُ ُ ُ َ اﺤﻟﻤﺪ ِ ِﷲ، أﺷﻬﺪ أن ﻻ إﻟﻪ إﻻ اﷲ وﺣﺪه ﻻ ِﺮﺷﻳﻚ ، و أﺷﻬﺪ أن ﺤﻣﻤﺪا ﻗﺒﺪه و رﺳﻮ ، اﻢﻬﻠﻟ َ ّ َ َ ُ َ َّ َّ ُ َ َّ ﺻ ِﻞ ٰﺒﻟ ﺤﻣﻤ ٍﺪ و ِآل ﺤﻣﻤ ٍﺪ alḥamdu lillāh, ashhadu al lā ilāha illal lāhu waḥdahu lā sharīka lah All praise is for Allah. I testify that there is no god but Allah, He alone, for whom there is no partner.
ْ َ ُ َ َّ ُ َ َّ ً َ ْ ُ ُ َو أﺷﻬﺪ أن ﺤﻣﻤﺪا ﻗﺒﺪ ُه َو َر ُﺳ ُﻮ wa ashhadu anna muḥammadan ʿabduhu wa rasūluh And I testify that Muhammad is His servant and His messenger.
َ َ ّ َ َ ُ َ َّ َّ ُ َ َّ اﻢﻬﻠﻟ ﺻ ِﻞ ٰﺒﻟ ﺤﻣﻤ ٍﺪ و ِآل ﺤﻣﻤ ٍﺪ allāhumma ṣalli ʿalā muḥammadiw wa āli muḥammad O Allah! Bless Muḥammad and the progeny of Muḥammad.
282 َ َ َّ ْ َ َ َ َ ُ ْ َ ْ َ َ َ ُ َو ﻳﻘﺒﻞ ﺷﻔﺎﻗﺘﻪ َو ارﻓﻊ د َرﺟﺘﻪ wa taqabbal shaāʿatahu war faʿ darajatah And accept his [i.e. the Prophet’s] intercession and raise his rank.
َ َّ َ ُ َ َ ْ َ ُّ َ َّ َ َ ْ َ ُ َ َ َ َ ُ ُ اﻟﺴﻼم ﻋﻠﻴﻚ ﻛﻓﻬﺎ اﺠ ِﺒ ُّﻲ و رﻤﺣﺔ ِاﷲ و ﺑﺮﺎﻛﺗﻪ assalāmu ʿalayka ayyuhan nabiyyu wa raḥmatul lāhi wa barakātuh Peace be upon you O Prophet, and Allah’s mercy and His blessings (be upon you too).
َ َّ َ ُ َ َ ْ َ َ َ َ َّ َ اﻟﺴﻼم ﻋﻠﻴﻨﺎ َو ٰﺒﻟ ِﻋﺒ ِﺎد ِاﷲ اﻟﺼ ِ ِﺎﺤﻟﻦﻴ assalāmu ʿalaynā wa ʿalā ʿibādil lāhīṣ ṣāliḥīn Peace be upon us and upon the righteous servants of Allah.
َ َّ َ ُ َ َ ْ ْ َ ْ َ ُ َ ُ ُ اﻟﺴﻼم ﻋﻠﻴﻜﻢ َو رﻤﺣﺔ ِاﷲ َو ﺑ َﺮﺎﻛﺗﻪ assalāmu ʿalaykum wa raḥmatul lāhi wa barakātuh Peace be upon you all, and Allah’s mercy and His blessings (be upon you too).
When saying these two salāms, it is beer that one makes the intention that the addressees of the salāms are those who the Legislator [Allah] intended.49
SUPPLICATIONS AFTER PRAYERS (TAʿQĪBĀT)
Ruling 1108. It is recommended that aer prayers one engages himself in taʿqībāt, i.e. saying dhikr, reciting duʿāʾs, and reciting the r’an. It is beer that he recites taʿqībāt facing qibla before he moves from his place and before his wuḍūʾ, ghusl, or tayammum becomes invalid. It is not necessary that the taʿqībāt be in Arabic, but it is beer to recite what has been instructed in the books of duʿāʾs. One of the taʿqībāt that has been highly recommended is the tasbīḥ of Her Eminence [Fāṭimah] al-Zahrāʾ (ʿA), which must be 49 It is beer for one to make such an intention even though according to some traditions the addressees of these salāms are the two angels on the person’s right and le, and the believers. 283 said in this order: thirty-four times ‘allāhu akbar’, then thirty-three times ‘alḥamdu lillāh’, and then thirty-three times ‘subḥānal lāh’. It is possible to say the ‘subḥānal lāh’ before ‘alḥamdu lillāh’, but it is beer to say it aer it.
Ruling 1109. It is recommended that one performs the prostration for offering thanks (sajdat al-shukr) aer prayers, and it is sufficient if he places his forehead on the ground with the intention of offering thanks. However, it is beer that he says the following phrase 100 times, or three times, or once: ‘shukran lillāh’ [‘I am very grateful to Allah’]; or: ‘shukran’ [I am very grateful to You, O Allah!’]; or: ‘ʿafwan’ [‘Bestow Your pardon on me, O Allah!’]. It is also recommended that whenever a blessing comes to someone or a tribulation is averted from him, he should perform sajdat al-shukr.
ṢALAWĀT
Ruling 1110. Whenever one says or hears the blessed name of His Eminence the Messenger of Allah (Ṣ) - such as ‘Muḥammad’ and ‘Aḥmad’ - or an epithet (laqab) or kunyah50 of his - such as ‘Muṣṭaā’ and ‘Abū al-Qāsim’ - even during prayers, it is recommended that he recites ṣalawāt.
Ruling 1111. When writing the blessed name of His Eminence the Messenger of Allah (Ṣ), it is recommended that one also writes ṣalawāt. Similarly, it is beer that one recites ṣalawāt whenever he remembers His Eminence.
THINGS THAT INVALIDATE (MUBṬILĀT) PRAYERS
Ruling 1112. Twelve things invalidate prayers. ese twelve things are called the ‘mubṭilāt’ of prayers.
First: during prayers, one of its conditions is no longer fulfilled. For example, during prayers one realises that his clothes are impure. 50 An honorific name as the father or mother of someone (a patronymic or metronymic). 284 Second: during prayers, one intentionally, inadvertently, or due to helplessness, does something that invalidates wuḍūʾ or ghusl. For example, he urinates, even if - based on obligatory precaution - this happens inadvertently or due to helplessness aer completing the last sajdah of the prayer. However, if one cannot prevent the discharge of urine and faeces and during prayers urine or faeces is discharged from his body, in the event that he acts according to the instructions that were mentioned in the section on wuḍūʾ, his prayer does not become invalid. Similarly, if during prayers, blood is discharged from a woman experiencing an irregular blood discharge (istiḥāḍah), in the event that she has acted according to the instructions concerning irregular blood discharge, her prayer is valid.
Ruling 1113. If someone falls asleep involuntarily and does not know whether he fell asleep during prayers or aer them, it is not necessary for him to repeat his prayers on condition that he knows that the extent to which he performed the prayers could be commonly regarded as being prayers.
Ruling 1114. If a person knows that he slept voluntarily but doubts whether he slept aer prayers or he slept during prayers having forgoen that he was performing prayers, then his prayer is valid subject to the same condition that was mentioned in the previous ruling.
Ruling 1115. If a person wakes up from the act of performing sajdah and doubts whether he is in the last sajdah of the prayer or in sajdat al-shukr, then, whether he knows he fell asleep intentionally or unintentionally, his prayer is considered to be valid and it is not necessary for him to repeat it.
Third: a person places his hands on top of one another with the intention of humility and respect. e prayer becoming invalid by this act is based on obligatory precaution; however, there is no doubt that this act, if performed with the intention that it is sanctioned in Islamic law, is unlawful.
285 Ruling 1116. ere is no problem if a person places one hand on the other forgetfully, or helplessly, or due to taqiyyah, or for some other reason, such as wanting to scratch his hand.
Fourth: aer reciting Surat al-Ḥamd one says ‘āmīn’. With regard to someone who is not a follower in congregational prayers, his prayer becoming invalid by saying ‘āmīn’ is based on obligatory precaution. However, there is no doubt that this act, if performed with the intention that it is sanctioned in Islamic law, is unlawful. ere is no problem, however, if one says ‘āmīn’ mistakenly or due to taqiyyah.
Fifth: one turns away from qibla without a legitimate excuse. However, if one has a legitimate excuse, such as forgetfulness, or something compels him - for example, a mighty wind turns him away from qibla - then, in the event that he does not turn completely to the right or le, his prayer is valid. However, aer the legitimate excuse expires, it is necessary that he immediately turns towards qibla. And in the event that he does turn completely to the right or le or he has his back towards qibla, then, if he had forgoen or was unmindful of this fact, or he had made a mistake in identifying the direction of qibla, and he is reminded or he becomes aware of this at a time when he is able to break his prayer and perform it again facing the qibla - even if one rakʿah is performed within the prescribed time - in such a case, he must perform the prayer from the start; otherwise, he must continue with the prayer and it is not necessary for him to make it up. e same applies if he is compelled to turn away from qibla, i.e. if without turning away from qibla he can perform the prayer again within its prescribed time - even if one rakʿah is performed within the prescribed time - he must perform the prayer from the start; otherwise, he must complete the prayer and it is not necessary for him to perform it again or to make it up.
Ruling 1117. If a person turns only his face away from qibla and his body remains facing qibla, in the event that he turns his neck to such an extent that he can see a lile of what is behind
286 him, the rule of turning away from qibla - which was mentioned earlier - applies. However, if his turning is not to this extent but is commonly considered to be a lot, then based on obligatory precaution, he must perform his prayer again. And if he turns his neck a lile, his prayer does not become invalid, although this action is disapproved.
Sixth: one intentionally speaks, even if what he says is only one ,(qi) ’ق‘ leer, as long as it conveys a meaning; for example, he says which in Arabic means ‘keep safe’. e same applies if what he says means something in a particular context; for example, he says bāʾ) in response to someone who asks what the second leer) ’ﺑَﺎء‘ of the Arabic alphabet is. In the event that what he says conveys no meaning at all but consists of two or more leers, then based on obligatory precaution, this also invalidates prayers.
Ruling 1118. If a person inadvertently says a word that has one or more leers, then even if that word conveys a meaning his prayer does not become invalid. However, based on obligatory precaution, it is necessary that aer prayers he performs sajdat al-sahw, which will be discussed later.
Ruling 1119. ere is no problem if one coughs or burps in prayers; and the obligatory precaution is that in prayers, one must not voluntarily sigh or groan. However, saying ‘oh’ or ‘ah’ and suchlike, if said intentionally, invalidates prayers.
Ruling 1120. If a person says a word with the intention of dhikr - for example, he says ‘allāhu akbar’ with the intention of dhikr - and if when saying it he raises his voice in order to make someone aware of something, there is no problem. Similarly, if a person says a word with the intention of dhikr, then even if he knows that by saying it someone will become aware of some maer, there is no problem. However, if he does not make an intention of dhikr at all, or he makes an intention for both purposes [i.e. an intention to perform dhikr and an intention to make someone aware of
287 something], then his prayer becomes invalid.51 However, if he makes an intention of dhikr but his motive for saying it is to make someone aware of something, his prayer is valid.
Ruling 1121. During prayers, there is no problem in reciting the r’an52 - apart from the four verses of obligatory sajdah - and there is also no problem in supplicating. However, the recommended precaution is that one should not supplicate in a language other than Arabic. (e rule regarding the four verses of obligatory sajdah is mentioned in the section on qirāʾah, Ruling 969).
Ruling 1122. ere is no problem if a person intentionally or as a precautionary measure repeats part of Surat al-Ḥamd, the other surah, or a dhikr of the prayer multiple times.
Ruling 1123. During prayers, one must not say salām [the Islamic greeting] to another person; and if someone says salām to him, he must reply but in the same way as the person said salām to him; i.e. he must not add anything to the initial salām. For example, he must not reply ‘salām ʿalaykum wa raḥmatul lāhi wa barakātuh’ [‘peace be upon you, and Allah’s mercy and His blessing (be upon you too)’]. In fact, based on obligatory precaution, he must not say the words ‘ʿalaykum’ [‘upon you’ (plural form)] or ‘ʿalayk’ [‘upon you’ (singular form)] before the word ‘salām’ if the person who said salām did not say it in that way either. And the recommended precaution is that one’s response should be exactly the same as the salām said by the other person. For example, if he said ‘salām ʿalaykum’, he should reply ‘salām ʿalaykum’; and if he said ‘salām ʿalayk’, he should reply ‘salām ʿalayk’. However, in response to
51 For example, if during prayers a person realises that there is someone knocking on the door of the house and in order to draw the aention of one of his family members to this he says ‘allāhu akbar’ with the intention of it meaning ‘someone is at the door’ and not as a dhikr, his prayer is invalid. Similarly, if when he says ‘allāhu akbar’ he intends it to mean two things: ‘someone is at the door’ and ‘Allah is greater’, then again his prayer is invalid. 52 Although as mentioned in Ruling 1078, it is disapproved to recite the r’an in sajdah. 288 ‘ʿalaykum salām’, he can say ‘ʿalaykum salām’, or ‘assalām ʿalaykum’, or ‘salām ʿalaykum’.
Ruling 1124. One must immediately reply to salām, irrespective of whether he is performing prayers or not. If a person intentionally or due to forgetfulness delays his reply to salām to the extent that were he to reply to it, it would not be considered a reply to that initial salām, then, in the event that he is performing prayers he must not reply, and if he is not performing prayers then replying is not obligatory.
Ruling 1125. One must reply to salām in a manner that the person who said salām to him hears the reply. However, if the person who said salām is deaf or he passes by quickly having said salām, in the event that it is possible to make that person aware of the reply by indicating and suchlike, it is necessary to do so. In other cases - except during prayers - it is not necessary to reply, and during prayers it is not permied.
Ruling 1126. It is obligatory for a person who is performing prayers to reply to a salām with the intention of greeting (taḥiyyah), and there is no problem if he also makes an intention of a duʿāʾ, i.e. he asks Allah to grant good health to the person who said salām to him.
Ruling 1127. If a woman or a man who is neither a maḥram nor a mumayyiz child - i.e. a child who is able to discern between right and wrong - says salām to a person who is performing prayers, that person must reply. And if a woman greets him with the words ‘salām ʿalayka’, he can reply ‘salām ʿalayki’, i.e. with a kasrah on the kāf.
Ruling 1128. If a person who is performing prayers does not reply to a salām, then even though he commits a sin his prayer is valid.
Ruling 1129. If someone says salām incorrectly to a person performing prayers, then based on obligatory precaution, he must reply correctly. 289 Ruling 1130. It is not obligatory to reply to a salām that is said mockingly or jokingly, nor to the salām of a non-Muslim man or woman who is not a dhimmī.53 And if the person is a dhimmī, then based on obligatory precaution, the answer must be restricted to the word ‘ʿalayk’.
Ruling 1131. If someone says salām to a group of people, replying to his salām is obligatory on everyone. However, it is sufficient if one of them replies.
Ruling 1132. If someone says salām to a group of people but the person to whom the salām was not directed replies, it is still obligatory on the group to reply to his salām.
Ruling 1133. If a person says salām to a group of people and someone from among them who is performing prayers doubts whether the person who said salām intended to address him as well or not, he must not reply. e same applies, based on obligatory precaution, if he knows that he intended to address him as well but another person replied. However, if he knows that he intended to address him as well but another person does not reply, or he doubts whether he replied or not, he must reply to him.
Ruling 1134. It is recommended to say salām. It is reported that a person who is riding should say salām to a person who is walking, and a person who is standing should say it to one who is siing, and the younger of two people should say it to the older person.
Ruling 1135. If two people together say salām to each other, then based on obligatory precaution, each of them must reply to the salām of the other.
Ruling 1136. Except in prayers, it is recommended that the reply to salām should be beer than the salām itself. For example, if one says ‘salām ʿalaykum’, the other person should reply ‘salām ʿalaykum wa raḥmatul lāh’. 53 Dhimmīs are People of the Book (ahl al-kitāb) - i.e. Jews, Christians, and Zoroastrians - who have entered into a dhimmah treaty, i.e. an agreement that gives them rights as protected subjects in an Islamic state. 290 Seventh: one intentionally laughs aloud. If one laughs aloud involuntarily but what led him to do so was of his own volition, or, based on obligatory precaution, even if it was not of his own volition, then, if there is enough time for him to perform the prayer again, he must do so. However, if he laughs intentionally but without making any noise or he inadvertently laughs aloud, his prayer is correct.
Ruling 1137. If on account of refraining oneself from laughing aloud one’s condition changes - for example, the colour of his face turns red - then the obligatory precaution is that he must perform his prayer again.
Eighth: based on obligatory precaution, intentionally crying loudly or silently over a worldly maer. However, if one cries silently or loudly out of fear of Allah, or in eagerness for Him, or for the Hereaer, there is no problem; indeed, it is among the best actions. In fact, if one cries in asking Allah for a worldly maer in humility to Him, there is no problem.
Ninth: doing something that breaks the form of the prayer, such as jumping in the air and suchlike, whether intentionally or forgetfully. However, doing something that does not break the form of the prayer, such as indicating with one’s hand, is not a problem.
Ruling 1138. If during prayers one remains silent to the extent that it cannot be said he is performing prayers, his prayer becomes invalid.
Ruling 1139. If during prayers one does something or remains silent for a while and doubts whether or not his prayer has broken up, he must perform the prayer again. However, it is beer that he first completes that prayer and then repeats it.
Tenth: eating and drinking. If while performing prayers one eats or drinks in a manner that it cannot be said he is performing
291 prayers - irrespective of whether he does this intentionally or forgetfully - his prayer becomes invalid. However, if before the time of ṣubḥ prayers a person who wants to fast performs a recommended prayer and becomes thirsty, in the event that he fears that if he completes the prayer it will be time for ṣubḥ prayers, and if there is some water two or three steps in front of him, he can drink the water while performing prayers. However, he must not do anything that invalidates prayers, such as turning away from qibla.
Ruling 1140. Based on obligatory precaution, even if the form of prayer does not break by intentionally eating or drinking, one must perform the prayer again, irrespective of whether or not muwālāh is maintained, i.e. irrespective of whether or not it can be said that he is performing [the parts o] the prayer in close succession.
Ruling 1141. If while performing prayers one swallows food that had remained in his mouth or in-between his teeth, his prayer does not become invalid. Furthermore, there is no problem if a lump of sugar or sugar granules and suchlike remain in one’s mouth and gradually dissolve and are swallowed while one is performing prayers.
Eleventh: one has a doubt about the number of rakʿahs he has performed while performing a two rakʿah or three rakʿah prayer, or while performing the first two rakʿahs of a four rakʿah prayer, on condition that the doubt remains with him.
Twelfth: one intentionally or inadvertently does not perform a rukn of prayer, or intentionally does not perform an obligatory component of the prayer that is not a rukn, or intentionally adds one of the parts of the prayer. Similarly, if one inadvertently adds a rukn like rukūʿ or two sajdahs in the same rakʿah, then based on obligatory precaution, his prayer becomes invalid. As for inadvertently adding a takbīrat al-iḥrām, this does not invalidate prayers.
Ruling 1142. If aer performing prayers one doubts whether or
292 not he has performed an act that invalidates prayers, his prayer is valid.
THINGS THAT ARE DISAPPROVED (MAKRŪH) IN PRAYERS
Ruling 1143. It is disapproved for one to turn his face a lile to the right or to the le while performing prayers to the extent that he cannot see what is behind his head; and if he can see what is behind his head, his prayer is invalid, as mentioned previously. It is also disapproved for one to close his eyes, turn them to the right or le, play with his beard and hands, interlock his fingers, spit, look at the writing of the r’an or of another book, and to look at the inscription on a ring. Furthermore, when one is reciting Surat al-Ḥamd, or the other surah, or dhikr; it is disapproved for him to become silent in order to hear someone talking. In fact, any act that takes away one’s humility and submissiveness is disapproved.
Ruling 1144. It is disapproved for one to perform prayers while feeling drowsy or while withholding his need to urinate or defecate. It is also disapproved for one to perform prayers while wearing tight socks that exert pressure on his feet. Apart from these instances, there are other disapproved acts that are mentioned in more detailed books.
INSTANCES OF WHEN IT IS PERMITTED (JĀʾIZ) TO BREAK AN OBLIGATORY (WĀJIB) PRAYER
Ruling 1145. Based on obligatory precaution, it is not permied for one to voluntarily break an obligatory prayer. However, there is no problem if one does so in order to protect property or to prevent financial or physical harm. In fact, there is no problem [if one breaks an obligatory prayer] for any religious or worldly purpose that is of importance to him.
Ruling 1146. If without breaking one’s prayers it is not possible for him to protect his life or the life of someone whose life is obligatory on him to protect, or property whose protection is obligatory on him, then he must break his prayers.
293 Ruling 1147. If there is ample time for prayers and while one is performing prayers a creditor asks him to pay him what he is owed, in the event that he is able to repay his debt while performing prayers, he must do so. If it is not possible for him to repay his debt without breaking his prayers, he must break his prayer, repay the debt, and then perform the prayer.
Ruling 1148. If while performing prayers one realises that the mosque is impure, in the event that the time remaining is short, he must complete his prayers. However, if there is ample time and purifying the mosque would not break up the prayer, he must purify it while in prayers and then perform the rest of the prayer. And if the prayer would be broken up, then in case it is possible to purify the mosque, it is permied to break the prayer in order to purify it. And if purifying the mosque aer prayers is not possible, he must break his prayers, purify the mosque, and then perform prayers.
Ruling 1149. If someone who must break his prayer completes it, his prayer is valid even though he has commied a sin. However, the recommended precaution is that he should perform the prayer again.
Ruling 1150. If before qirāʾah or before bowing down to the extent required for rukūʿ one remembers that he has forgoen to say adhān and iqāmah , or only iqāmah, in the event that there is ample time, it is recommended that he breaks his prayer in order to say them. In fact, if he remembers before completing his prayer that he has forgoen them, it is recommended that he breaks his prayer in order to say them.
DOUBTS THAT ARISE IN PRAYERS (SHAKKIYYĀT)
ere are twenty-three types of doubt in prayers; eight of these invalidate prayers, six of them must be dismissed, and nine are valid.
294 DOUBTS THAT INVALIDATE PRAYERS
Ruling 1151. e following are doubts that invalidate prayers:
1. a doubt about the number of rakʿahs in obligatory prayers consisting of two rakʿahs, such as ṣubḥ prayers and the prayer of a traveller. However, a doubt about the number of rakʿahs in recommended prayers and in ṣalāt al-iḥtiyāṭ does not invalidate them; 2. a doubt about the number of rakʿahs in prayers consisting of three rakʿahs; 3. a doubt about whether one has performed one rakʿah or more in a prayer consisting of four rakʿahs; 4. in a prayer consisting of four rakʿahs, before going into the second sajdah, one doubts whether he has performed two rakʿahs or more; 5. a doubt about whether one has performed two or five rakʿahs, or, two or more than five rakʿahs; 6. a doubt about whether one has performed three or six rakʿahs, or, three or more than six rakʿahs; 7. a doubt about the number of rakʿahs when one does not know at all how many rakʿahs he has performed; 8. a doubt about whether one has performed four or six rakʿahs, or, four or more than six rakʿahs, as per the details that will be mentioned later.
Ruling 1152. If a person has a doubt that invalidates prayers, it is beer that he does not break his prayer as soon as the doubt arises; rather, he should think [about the doubt] to the extent that the form of the prayer breaks up or until he loses hope in aaining certainty or a supposition.
DOUBTS THAT MUST BE DISMISSED
Ruling 1153. Doubts that must be dismissed are as follows:
1. a doubt about an act for which the time of performance has
295 passed. For example, in rukūʿ one doubts whether he recited Surat al-Ḥamd or not; 2. a doubt that arises aer the salām of the prayer; 3. a doubt that arises aer the time of prayers has expired; 4. a doubt of one who doubts excessively (kathīr al-shakk); 5. a doubt held by an imam of congregational prayers about the number of rakʿahs performed when a follower is sure about it; and similarly, a doubt held by a follower when the imam is sure of the number of rakʿahs performed; 6. a doubt in recommended prayers and in ṣalāt al-iḥtiyāṭ.
ese six types of doubt will now be dealt with in sequence.
1. A doubt about an act for which the time of performance has passed
Ruling 1154. If during prayers one doubts whether he performed a certain obligatory act of the prayer or not - for example, he doubts whether he recited Surat al-Ḥamd or not - then, in the event that he has started to perform an act that legally (sharʿan) one must not perform if he intentionally misses that previous act - for example, while reciting the other surah he doubts whether he recited Surat al-Ḥamd or not - in such a case, he must dismiss his doubt;54 otherwise [i.e. if he has not started to perform the other act], he must perform the act about which he doubts.
Ruling 1155. If while reciting a verse one doubts whether or not he recited the previous verse, or, if while reciting the end of a verse one doubts whether or not he recited the beginning of it, he must dismiss his doubt.
Ruling 1156. If aer rukūʿ or sajdah one doubts whether or not he performed its obligatory acts, such as dhikr and keeping the body still, he must dismiss his doubt. 54 In normal circumstances, if one intentionally does not recite Surat al-Ḥamd, he is not permied to recite the other surah. However, in a situation where one has not missed Surat al-Ḥamd intentionally and while he is saying the other surah he doubts whether or not he recited Surat al-Ḥamd, he must dismiss his doubt. 296 Ruling 1157. If while going to sajdah one doubts whether or not he performed rukūʿ, or he doubts whether or not he stood up aer rukūʿ [before going into sajdah], he must dismiss his doubt.
Ruling 1158. If while standing up one doubts whether or not he performed sajdah or said tashahhud, he must dismiss his doubt.
Ruling 1159. With regard to someone who performs prayers in a siing or lying position, if while reciting Surat al-Ḥamd or al-tasbīḥāt al-arbaʿah he doubts whether or not he performed sajdah or said tashahhud, he must dismiss his doubt. However, if before one starts to recite Surat al-Ḥamd or al-tasbīḥāt al-arbaʿah he doubts whether or not he performed sajdah or said tashahhud, he must perform them.
Ruling 1160. If a person doubts whether or not he performed one of the rukns of prayers, in the event that he has not started to perform the act aer it, he must perform it. For example, if before saying tashahhud he doubts whether or not he performed two sajdahs, he must perform them. And in the event that aerwards he remembers that he had performed that rukn, then based on obligatory precaution, his prayer is invalid as he will have performed an additional rukn.
Ruling 1161. If a person doubts whether or not he performed an act that is not a rukn of the prayer, in the event that he has not started to perform the act aer it, he must perform it. For example, if before reciting the other surah he doubts whether or not he recited Surat al-Ḥamd, he must recite Surat al-Ḥamd. And if aer performing it he remembers that he had recited it, his prayer is valid as he will not have performed an additional rukn.
Ruling 1162. If a person doubts whether or not he performed a rukn of the prayer - for example, while saying tashahhud he doubts whether or not he performed the two sajdahs - and he then dismisses his doubt but later remembers that he had not performed that rukn, then in case he has not started to perform the next rukn, he must perform it. However, if he has started to perform the next 297 rukn, then based on obligatory precaution, his prayer is invalid. For example, if before he performs the rukūʿ of the next rakʿah he remembers that he did not perform the two sajdahs, he must perform them; but, if he remembers this while performing rukūʿ or aer it, his prayer is invalid, as mentioned earlier.
Ruling 1163. If a person doubts whether or not he performed an act that is not a rukn, in the event that he has started to perform the next act, he must dismiss his doubt. For example, if while reciting the other surah he doubts whether or not he recited Surat al-Ḥamd, he must dismiss his doubt; and if he later remembers that he did not perform it, then in case he has not started to perform the next rukn, he must perform it and whatever comes aer it; but, if he has started to perform the next rukn, his prayer is valid. erefore, if, for example, while performing qunūt he remembers that he did not recite Surat al-Ḥamd, he must recite Surat al-Ḥamd and the other surah, and if he remembers this in rukūʿ, [he must continue and] his prayer is valid.
Ruling 1164. If a person doubts whether or not he said the salām of the prayer, in the event that he has started reciting taʿqībāt or he has started to perform another prayer or he has done something that invalidates prayers, he must dismiss his doubt. And if his doubt arises before he has performed these, he must say the salām. And if one doubts whether or not he said the salām correctly, he must dismiss his doubt no maer what stage of the prayer he is in.
2. Doubt after salām
Ruling 1165. If a person doubts aer the salām of the prayer whether or not his prayer was valid - for example, he doubts whether or not he performed rukūʿ, or aer the salām of a four rakʿah prayer he doubts whether he performed four or five rakʿahs - he must dismiss his doubt. However, if both sides of his doubt are such that each possibility would mean his prayer is invalid - for example, aer the salām of a four rakʿah prayer he doubts whether he performed three or five rakʿahs, his prayer is invalid.
298 3. Doubt after the time of prayers
Ruling 1166. If aer the time for prayers has expired one doubts whether or not he performed the prayer, or he supposes55 that he has not, it is not necessary for him to perform that prayer. However, if before the time for prayers has expired he doubts whether or not he performed it, he must perform it even if he supposes he has done so.
Ruling 1167. If aer the time for prayers has expired one doubts whether or not he performed the prayer correctly, he must dismiss his doubt.
Ruling 1168. If aer the time for ẓuhr and ʿaṣr has expired one knows that he performed a four rakʿah prayer but he does not know whether he performed it with the intention of ẓuhr or ʿaṣr, he must perform another four rakʿah prayer with the intention of making up the prayer that is obligatory on him.
Ruling 1169. If aer the time for maghrib and ʿishāʾ has expired one knows that he has performed a prayer but he does not know whether he performed a three or four rakʿah prayer, he must make up both the maghrib and ʿishāʾ prayers.
4. An excessive doubter (kathīr al-shakk)
Ruling 1170. A kathīr al-shakk is someone who doubts excessively, i.e. a person who doubts more than usual when compared with other people who are like him in terms of being
55 In Islamic law, the difference between a ‘doubt’ (shakk) and a ‘supposition’ (ẓann) is as follows: with a doubt, the person regards the two sides of a possibility as having an equal likelihood of being correct; for example, he does not know whether he has performed two rakʿahs or three and he deems both of these possibilities as having an equal likelihood of being correct. His uncertainty here is referred to as his doubt. With a supposition, however, the person regards one side of the possibility as having a greater likelihood of being correct than the other. In the example above, if the person deems it more likely that he has performed three rakʿahs rather than two, then this stronger possibility is his supposition. 299 subject to the same factors that cause one to have an unseled mind. An excessive doubter is not only someone who has already made a habit of doubting excessively; rather, it is sufficient for one to be in a state of developing a habit of doubting [for him to be considered an excessive doubter].
Ruling 1171. If someone who doubts excessively doubts whether or not he has performed an obligatory component of the prayer, he must assume he has performed it. For example, if he doubts whether or not he has performed rukūʿ, he must assume he has performed rukūʿ. If he doubts whether or not he has performed an act that invalidates prayers - for example, he doubts whether he performed ṣubḥ prayers as a two rakʿah prayer or as a three rakʿah one - he must assume he has performed it correctly.
Ruling 1172. If a person doubts excessively about a particular act of the prayer such that his excessive doubting is considered to be only with regard to that particular act, in the event that he has a doubt about another act of the prayer, he must act according to the instructions concerning that doubt. For example, if someone who doubts excessively about whether or not he has performed sajdah also doubts whether he has performed rukūʿ or not, he must act according to the instructions concerning that doubt; i.e. if he has not gone into sajdah he must perform rukūʿ, and if he has gone into sajdah he must dismiss his doubt.
Ruling 1173. If a person always doubts excessively in a particular prayer - for example, in the ẓuhr prayer - such that his excessive doubting is considered to be only with regard to that particu- lar prayer, then, if he doubts in another prayer, such as the ʿaṣr prayer, he must act according to the instructions concerning that doubt.
Ruling 1174. If a person doubts excessively only when he performs prayers in a particular place in the same manner that was mentioned in the previous ruling, then, if he performs prayers in another place and has a doubt, he must act according to the instructions concerning that doubt. 300 Ruling 1175. If a person doubts whether or not he has become an excessive doubter, he must act according to the instructions concerning doubts [and not consider himself to be an excessive doubter]. Furthermore, as long as someone who is an excessive doubter is not certain that he has returned to a state that is normal among people, then, if his lack of certainty about this stems from being unsure about a change having taken place in his condition rather than from a doubt in the meaning of being an excessive doubter, he must dismiss his doubt [and consider himself to be an excessive doubter].
Ruling 1176. If an excessive doubter doubts whether or not he has performed a rukn and dismisses his doubt but later realises that he had actually not performed it, in the event that he has not started to perform the next rukn, he must perform that rukn [about which he doubted] and what follows it. However, if he has started to perform the next rukn, then based on obligatory precaution, his prayer is invalid. For example, if he doubts whether he has performed rukūʿ or not and dismisses his doubt, in the event that before performing the second sajdah he remembers he has not performed rukūʿ, he must go back and perform rukūʿ; but if he remembers this in the second sajdah, then based on obligatory precaution, his prayer is invalid.
Ruling 1177. If a person who doubts excessively doubts whether or not he has performed an act that is not a rukn and dismisses it and later realises that he had not performed it, in the event that the time for performing that act has not passed, he must perform it and what follows it. However, if the time for performing it has passed, his prayer is valid. For example, if he doubts whether or not he has recited Surat al-Ḥamd and dismisses his doubt, in the event that he remembers in qunūt that he has not recited Surat al-Ḥamd, he must recite Surat al-Ḥamd and the other surah; but if he remembers this in rukūʿ, his prayer is valid.
5. Doubt of an imam and a follower in congregational prayers
Ruling 1178. If an imam of a congregational prayer has a doubt
301 about the number of rakʿahs - for example, he doubts whether he has performed three rakʿahs or four rakʿahs - then, in the event that a follower is certain or supposes that he has performed four rakʿahs and makes it known to the imam that he has performed four rakʿahs,56 the imam must complete the prayer and it is not necessary for him to perform ṣalāt al-iḥtiyāṭ. Similarly, if the imam is certain or supposes that he has performed a certain number of rakʿahs and a follower has a doubt about the number of rakʿahs, the follower must dismiss his doubt. e same applies with regard to a doubt that they may have about the acts of prayers, such as a doubt about the number of sajdahs performed.
6. Doubts in recommended prayers
Ruling 1179. If a person doubts about the number of rakʿahs he has performed in a recommended prayer, in the event that the greater of the two numbers he is doubtful about would invalidate the prayer, he must assume the lesser number is correct. For example, in the nāfilah of ṣubḥ, if one doubts whether he has performed two rakʿahs or three rakʿahs, he must assume he has performed two rakʿahs. However, if the greater of the two numbers would not invalidate the prayer - for example, he doubts whether he has performed two rakʿahs or one rakʿah - then his prayer is valid whichever side of the doubt he acts upon.
Ruling 1180. Not performing a rukn invalidates nāfilah prayers; however, performing an additional rukn does not invalidate them. erefore, if one forgets one of the acts of nāfilah prayers and remembers it when he has started to perform the next rukn, he must perform the act and then perform the rukn again. For example, if while performing rukūʿ he remembers that he has not recited Surat al-Ḥamd, he must go back and recite Surat al-Ḥamd and then perform rukūʿ again.
56 For example, the follower can make it known to the imam that he has performed four rakʿahs by saying ‘alḥamdu lillāh’ aer the second sajdah of the fourth rakʿah in a manner that is audible to the imam so as to alert him to the fact that he must now start saying the salām of the prayer. 302 Ruling 1181. If a person doubts about one of the acts of nāfilah prayers - irrespective of whether it is a rukn or not - then, in the event that its time of performance has not passed, he must perform it; and if its time of performance has passed, he must dismiss his doubt.
Ruling 1182. If in a two rakʿah recommended prayer one supposes that he has performed three rakʿahs or more, he must dismiss his doubt and his prayer is valid. However, if he supposes that he has performed two rakʿahs or less, then based on obligatory precaution, he must act according to that supposition. For example, if he supposes that he has performed one rakʿah, he must as a precautionary measure perform another rakʿah.
Ruling 1183. If in a nāfilah prayer one does something that would make it obligatory on him to perform sajdat al-sahw were he to do that thing in an obligatory prayer, or, if he forgets to perform one sajdah, then it is not necessary for him to perform sajdat al-sahw or to perform a qaḍāʾ sajdah aer the prayer.
Ruling 1184. If a person doubts whether or not he has performed a recommended prayer, in the event that the prayer does not have a specific time for its performance, such as the Prayer of Jaʿfar al-Ṭayyār,57 he must assume he has not performed it. e same applies if the recommended prayer does have a specific time for its performance, such as the daily nāfilah prayers, and before its time has expired one doubts whether or not he has performed it. However, if aer its time has expired one doubts whether or not he has performed it, he must dismiss his doubt.
DOUBTS THAT ARE VALID (ṢAḤĪḤ)
Ruling 1185. In nine situations if one doubts about the number of rakʿahs in a four rakʿah prayer, he must think [about the doubt]; 57 e Prayer of Jaʿfar al-Ṭayyār is a four rakʿah recommended prayer taught by the Holy Prophet (Ṣ) to his cousin, Jaʿfar al-Ṭayyār. See, for example, Shaykh ʿAbbās al-mmī’s Maātīḥ al-Jinān, in the section on the recommended acts for Friday. 303 then, if he becomes certain or he supposes that a particular possibility is correct, he must act according to that possibility and complete the prayer; otherwise, he must act according to the instructions that will be mentioned later. e nine situations are as set out below.
First: aer starting the second sajdah, one doubts whether he has performed two rakʿahs or three rakʿahs. In this situation, he must assume he has performed three rakʿahs and perform one more rakʿah and complete the prayer, and aer the prayer he must perform one rakʿah of ṣalāt al-iḥtiyāṭ in a standing position; and based on obligatory precaution, performing two rakʿahs in a siing position will not suffice.
Second: aer starting the second sajdah , one doubts whether he has performed two rakʿahs or four rakʿahs. In this situation, he must assume he has performed four rakʿahs and complete the prayer; and aer the prayer, he must perform two rakʿahs of ṣalāt al-iḥtiyāṭ in a standing position.
Third: aer starting the second sajdah, one doubts whether he has performed two, three, or four rakʿahs. In this situation, he must assume he has performed four rakʿahs and aer the prayer he must perform two rakʿahs of ṣalāt al-iḥtiyāṭ in a standing position followed by two rakʿahs in a siing position.
Fourth: aer starting the second sajdah, one doubts whether he has performed four or five rakʿahs. In this situation, he must assume he has performed four rakʿahs, complete the prayer, and aer the prayer he must perform two sajdat al-sahws. Similarly, whenever the weaker possibility of a doubt is four rakʿahs - for example, he doubts whether he has performed four or six rakʿahs - and whenever one doubts whether he has performed four rakʿahs or more or less aer having started the second sajdah, he can assume he has performed four rakʿahs and perform the duty relating to both possibilities of his doubt; i.e. he must perform ṣalāt al-iḥtiyāṭ based on the possibility that he had performed less than
304 four rakʿahs, and then perform two sajdat al-sahws based on the possibility that he had performed more than four rakʿahs. In each case, if any of these four doubts arise aer the first sajdah and before performing the second sajdah, his prayer is invalid.
Fifth: at any stage of the prayer, one doubts whether he has performed three or four rakʿahs. In this situation, he must assume he has performed four rakʿahs, complete the prayer, and aer the prayer he must perform one rakʿahs of ṣalāt al-iḥtiyāṭ in a standing position or two rakʿahs in a siing position.
Sixth: while standing, one doubts whether he has performed four or five rakʿahs. In this situation, he must sit down, say tashahhud and the salām of the prayer, and perform one rakʿah of ṣalāt al-iḥtiyāṭ in a standing position or two rakʿahs in a siing position.
Seventh: while standing, one doubts whether he has performed three or five rakʿahs. In this situation, he must sit down, say tashahhud and the salām of the prayer, and perform one rakʿah of ṣalāt al-iḥtiyāṭ in a standing position or two rakʿahs in a siing position.
Eighth: while standing, one doubts whether he has performed three, four, or five rakʿahs. In this situation, he must sit down, say tashahhud and the salām of the prayer, perform two rakʿahs of ṣalāt al-iḥtiyāṭ in a standing position, and then perform two rakʿahs in a siing position.
Ninth: while standing, one doubts whether he has performed five or six rakʿahs. In this situation, he must sit down, say tashahhud and the salām of the prayer, and then perform two sajdat al-sahws.
Ruling 1186. If a person has a valid doubt, in the event that the time for performing prayers is short such that he cannot perform it from the beginning, he must not break his prayer and must act according to the instructions that were mentioned. However,
305 if there is ample time for prayers, he can break his prayer and perform it from the beginning.
Ruling 1187. If one has a doubt in prayers for which it is obligatory to perform ṣalāt al-iḥtiyāṭ, in the event that he completes the prayer, the recommended precaution is that he should perform ṣalāt al-iḥtiyāṭ, and he should not start performing the prayer again from the beginning without performing ṣalāt al-iḥtiyāṭ. If he starts performing the prayer again from the beginning before he does something that invalidates prayers, then based on obligatory precaution, his second prayer is also invalid. However, if he starts performing the prayer again aer doing something that invalidates prayers, his second prayer is valid.
Ruling 1188. If a person has a doubt that invalidates prayers and he knows that if he continues to the next stage of the prayer he will either be certain or have a supposition [regarding his doubt], then in case this doubt arises in the first two rakʿahs of the prayer, it is not permied for him to continue the prayer in the state of doubt. For example, if while standing he doubts whether he has performed one rakʿah or more and knows that if he goes into rukūʿ one of the possibilities of his doubt will become a certainty or a supposition, it is not permied for him to perform rukūʿ in this state. As for all other doubts that invalidate prayers, one can continue the prayer until he becomes certain or has a supposition.
Ruling 1189. If a person initially inclines more towards one of the two possibilities of his supposition and later both possibilities appear equal to him, he must act according to the instructions concerning that doubt. However, if from the outset both possibilities appear equal to him and he adopts the possibility that is in accordance with his duty but later he inclines towards the other possibility, he must act according to the possibility that he inclines towards and complete his prayer.
Ruling 1190. Someone who does not know if his supposition is
306 inclined more towards one of two possibilities or if both possibilities are equal must act according to the instructions concerning that doubt.
Ruling 1191. If aer prayers one realises that he was in a state of doubt during his prayer - for example, he doubted whether he had performed two rakʿahs or three rakʿahs - and he assumed that he had performed three, but now he does not know whether his supposition was actually inclined towards performing three rakʿahs or if both possibilities appeared equal to him, it is not necessary for him to perform ṣalāt al-iḥtiyāṭ.
Ruling 1192. If aer standing up one doubts whether or not he performed two sajdahs, and at the same time a doubt arises that were it to have arisen having completed two sajdahs it would be valid - for example, he doubts whether he has performed two rakʿahs or three rakʿahs - then, in the event that he acts according to the instructions concerning that doubt, his prayer is valid. However, if when he is saying tashahhud one of these doubts arises, then if his doubt is about whether he has performed two or three rakʿahs, his prayer is invalid, but if it is about whether he has performed two or four rakʿahs, or two, three, or four rakʿahs, his prayer is valid and he must act according to the instructions concerning that doubt.
Ruling 1193. If before one starts saying tashahhud, or before standing up in those rakʿahs that do not have tashahhud, he doubts whether or not he performed one or two sajdahs, and at the same time he has one of the doubts that is valid aer completing two sajdahs, his prayer is invalid.
Ruling 1194. If while standing one doubts whether he has performed three or four rakʿahs, or three, four, or five rakʿahs, and he remembers that he did not perform one or two sajdahs in the previous rakʿah, his prayer is invalid.
Ruling 1195. If someone’s doubt is allayed and another doubt
307 arises - for example, he first doubts whether he has performed two rakʿahs or three rakʿahs, and then he doubts whether he has performed three rakʿahs or four rakʿahs - he must act according to the instructions concerning the second doubt.
Ruling 1196. If aer prayers one doubts that while performing the prayer, he had a doubt about, for example, whether he had per- formed two or four rakʿahs, or three or four rakʿahs, in such a case, he can act according to the instructions relating to both doubts and aer doing something that invalidates prayers, he can perform the prayer again.
Ruling 1197. If aer prayers one realises that while performing the prayer he had a doubt but he does not know whether it was a doubt that invalidates the prayer or not, in such a case, he must perform the prayer again. And if he knows that it was one of the valid doubts but does not know which one it was, it is permied for him to perform the prayer again.
Ruling 1198. If someone who performs prayers in a siing position has a doubt for which he must perform one rakʿah of ṣalāt al-iḥtiyāṭ in a standing position or two rakʿahs in a siing position, he must perform one rakʿah in a siing position. And if he has a doubt for which he must perform two rakʿahs of ṣalāt al-iḥtiyāṭ in a standing position, he must perform two rakʿahs in a siing position.
Ruling 1199. If someone who performs prayers in a standing position is unable to stand for performing ṣalāt al-iḥtiyāṭ, he must perform ṣalāt al-iḥtiyāṭ like a person who performs prayers in a siing position, the rule of which was mentioned in the previous ruling.
Ruling 1200. If someone who performs prayers in a siing position can stand while performing ṣalāt al-iḥtiyāṭ, he must act according to the duty of someone who performs prayers in a standing position.
308 METHOD OF PERFORMING THE PRECAUTIONARY PRAYER (ṢALĀT AL-IḤTIYĀṬ)
Ruling 1201. A person upon whom ṣalāt al-iḥtiyāṭ is obligatory must make the intention of performing ṣalāt al-iḥtiyāṭ immediately aer the salām of the prayer; he must then say takbīr, recite Surat al-Ḥamd, and perform rukūʿ and two sajdahs. If one rakʿah of ṣalāt al-iḥtiyāṭ is obligatory on him, then aer performing the two sajdahs he must say tashahhud and the salām. If two rakʿahs of ṣalāt al-iḥtiyāṭ are obligatory on him, then aer performing the two sajdahs he must perform another rakʿah in the same way as the first, and aer tashahhud he must say the salām.
Ruling 1202. Ṣalāt al-iḥtiyāṭ does not have a second surah or qunūt, and one must not speak out the intention for it; furthermore, based on obligatory precaution, one must recite Surat al-Ḥamd in a whisper; and the recommended precaution is that he should also say its bismillāh in a whisper.
Ruling 1203. If before performing ṣalāt al-iḥtiyāṭ one realises that the prayer he performed was correct, it is not necessary for him to perform ṣalāt al-iḥtiyāṭ; and if he realises this while performing ṣalāt al-iḥtiyāṭ, it is not necessary for him to complete it.
Ruling 1204. If before performing ṣalāt al-iḥtiyāṭ one realises that the number of rakʿahs he performed were less than the required number, in the event that he has not done anything that invalidates prayers, he must perform whatever he has not performed; then, based on obligatory precaution, he must perform two sajdat al-sahws for saying an additional salām. However, if he has done something that invalidates prayers - for example, he turned his back to qibla - then he must perform the prayer again.
Ruling 1205. If aer performing ṣalāt al-iḥtiyāṭ one realises that the deficiency in the number of rakʿahs in his prayer was the same as the number of rakʿahs in his ṣalāt al-iḥtiyāṭ - for example, for the doubt between three and four rakʿahs, he performs one rakʿah
309 of ṣalāt al-iḥtiyāṭ and he later realises that he had performed three rakʿahs - in such a case, his prayer is valid.
Ruling 1206. If aer performing ṣalāt al-iḥtiyāṭ one realises that the deficiency in the number of rakʿahs in his prayer was less than the number of rakʿahs in his ṣalāt al-iḥtiyāṭ - for example, for the doubt between two and four rakʿahs, he performs two rakʿahs of ṣalāt al-iḥtiyāṭ and he later realises that he had performed three rakʿahs - in such a case, he must perform the [original] prayer again.
Ruling 1207. If aer performing ṣalāt al-iḥtiyāṭ one realises that the deficiency in the number of rakʿahs in his prayer was more than the number of rakʿahs in his ṣalāt al-iḥtiyāṭ - for example, for the doubt between three and four rakʿahs, he performs one rakʿah of ṣalāt al-iḥtiyāṭ and he later realises that he had performed two rakʿahs - then, in the event that aer performing ṣalāt al-iḥtiyāṭ he did something that invalidates prayers, such as turning his back to qibla, he must perform the prayer again. However, if he did not do anything that invalidates prayers, then the obligatory precaution is that in this case also he must perform the prayer again, and he must not suffice with joining one rakʿah to the prayer.
Ruling 1208. If a person doubts whether he has performed two, three, or four rakʿahs, and aer performing two rakʿahs of ṣalāt al-iḥtiyāṭ in a standing position he remembers that he had actually performed two rakʿahs, it is not necessary for him to perform two rakʿahs of ṣalāt al-iḥtiyāṭ from a siing position.
Ruling 1209. If a person doubts whether he has performed three or four rakʿahs, and while performing one rakʿah of ṣalāt al-iḥtiyāṭ in a standing position he remembers that he had performed three rakʿahs, he must abandon ṣalāt al-iḥtiyāṭ; and in the event that he remembers this before going into rukūʿ, he must perform one rakʿah in a way that it connects with his prayer, and his prayer is valid. And for performing an additional salām, based on obligatory precaution, he must perform two sajdat al-sahws. However, if he
310 remembers [that he had performed three rakʿahs] aer going into rukūʿ, he must perform the prayer again; and based on obligatory precaution, he cannot suffice with joining the remaining rakʿah to his prayer.
Ruling 1210. If a person doubts whether he has performed two, three, or four rakʿahs, and while performing two rakʿahs of ṣalāt al-iḥtiyāṭ in a standing position he remembers that he has performed three rakʿahs, then what was said in the previous ruling applies here as well.
Ruling 1211. If while performing ṣalāt al-iḥtiyāṭ one realises that the deficiency in the number of rakʿahs in his prayer was more or less than the number of rakʿahs in his ṣalāt al-iḥtiyāṭ, then what was mentioned in Ruling 1209 applies here as well.
Ruling 1212. If a person doubts whether or not he has performed a ṣalāt al-iḥtiyāṭ that was obligatory on him, in the event that the time for prayer has expired, he must dismiss his doubt. However, if there is time, then in case a lot of time has not elapsed between the doubt and the [original] prayer, and he has not started to do something else, and he has not done something that invalidates prayers - such as turning his back to qibla - in such a case, he must perform ṣalāt al-iḥtiyāṭ. However, if he has done something that invalidates prayers, or he has started to do something else, or a lot of time has elapsed between the doubt and the [original] prayer, then based on obligatory precaution, he must perform the [origi- nal] prayer again.
Ruling 1213. If in ṣalāt al-iḥtiyāṭ a person performs two rakʿahs instead of one, his ṣalāt al-iḥtiyāṭ becomes invalid and he must perform his original prayer again. e same applies, based on obligatory precaution, if one adds a rukn to ṣalāt al-iḥtiyāṭ.
Ruling 1214. If while performing ṣalāt al-iḥtiyāṭ one has a doubt about one of the acts, in the event that its time of performance has not passed, he must perform it; and if its time of performance
311 has passed, he must dismiss his doubt. For example, if he doubts whether or not he has recited Surat al-Ḥamd, in the event that he has not yet gone into rukūʿ he must recite it, but if he has gone into rukūʿ he must dismiss his doubt.
Ruling 1215. If a person doubts about the number of rakʿahs he has performed in ṣalāt al-iḥtiyāṭ, in the event that the greater of the two numbers he is doubtful about would invalidate the prayer, he must assume the lesser number is correct. However, if the greater of the two numbers would not invalidate the prayer, he must assume the greater number is correct. For example, if while performing two rakʿahs of ṣalāt al-iḥtiyāṭ he doubts whether he has performed two or three rakʿahs, as the greater of the two numbers would invalidate the prayer, he must assume that he has performed two rakʿahs; but if he doubts whether he has performed one or two rakʿahs, then as the greater number would not invalidate the prayer, he must assume that he has performed two rakʿahs.
Ruling 1216. If in ṣalāt al-iḥtiyāṭ something that is not a rukn is inadvertently omied or added, then performing sajdat al-sahw is not required.
Ruling 1217. If aer the salām of ṣalāt al-iḥtiyāṭ one doubts whether or not he has performed a particular component of it or whether he has fulfilled all its conditions, he must dismiss his doubt.
Ruling 1218. If in ṣalāt al-iḥtiyāṭ one forgets tashahhud or one sajdah and it is not possible to perform them at their correct time, the obligatory precaution is that aer the salām of the prayer, he must make up the sajdah; however, it is not necessary for him to make up the tashahhud.
Ruling 1219. If ṣalāt al-iḥtiyāṭ and two sajdat al-sahws become obligatory on a person, he must first perform ṣalāt al-iḥtiyāṭ. e same applies, based on obligatory precaution, if ṣalāt al-iḥtiyāṭ and making up a sajdah become obligatory on a person.
312 Ruling 1220. e rule concerning suppositions (ẓann) in the number of rakʿahs is the same as the rule concerning certainty. For example, if someone does not know whether he has performed one or two rakʿahs but has a supposition that he has performed two rakʿahs, he must assume he has performed two rakʿahs. And if in a four rakʿah prayer he has a supposition that he has performed four rakʿahs, then performing ṣalāt al-iḥtiyāṭ is not necessary. As for acts of prayers, the rule concerning suppositions is the same as that for doubts. erefore, if one has a supposition that he has performed rukūʿ, then in case he has not gone into sajdah, he must perform rukūʿ; and if he has a supposition that he has not recited Surat al-Ḥamd, in the event that he has started to recite the other surah, he must dismiss his supposition and his prayer is valid.
Ruling 1221. ere is no difference in the rules for doubt, inadvertence, and supposition in the daily obligatory prayers and in the other obligatory prayers. For example, if in ṣalāt al-āyāt one doubts whether he has performed one rakʿah or two, then as his doubt is in a two rakʿah prayer, his prayer becomes invalid.58 And if he has a supposition that he has performed two rakʿahs or that he has performed one rakʿah, he must complete his prayer in accordance with his supposition.
THE PROSTRATION FOR INADVERTENCE (SAJDAT AL-SAHW)
Ruling 1222. In the following two situations, one must perform two sajdat al-sahws aer the salām of the prayer in a manner that will be explained later:
1. one forgets to say tashahhud; 2. in a four rakʿah prayer aer going into the second sajdah, one doubts whether he has performed four or five rakʿahs, or he doubts whether he has performed four or six rakʿahs, as mentioned earlier in the fourth situation in the section on valid doubts.
58 See Ruling 1151. 313 Based on obligatory precaution, sajdat al-sahw is necessary in three situations:
1. one generally knows that he has mistakenly omied or added something in a prayer and the prayer is ruled as being valid; 2. one inadvertently talks during prayers; 3. one says the salām of the prayer at a time when he must not; for example, in the first rakʿah he inadvertently says the salām. e recommended precaution is that if he forgets one sajdah, or when he must stand - for example, while reciting Surat al-Ḥamd and the other surah - he mistakenly sits down, or when he must sit - for example, while saying tashahhud - he mistakenly stands up, then in these cases, he should perform two sajdat al-sahws. In fact, for anything that is mistakenly omied or added in prayer, he should perform two sajdat al-sahws. e rules of these situations will be explained in the following rulings.
Ruling 1223. If a person talks mistakenly or because he imagines his prayer has finished, then based on obligatory precaution, he must perform two sajdat al-sahws.
Ruling 1224. It is not obligatory for one to perform sajdat al-sahw for the sound he makes when coughing; however, if one inadvertently groans, sighs, or says ‘oh’, then based on obligatory precaution, he must perform sajdat al-sahw.
Ruling 1225. If a person repeats correctly something that he had inadvertently recited incorrectly, it is not obligatory on him to perform sajdat al-sahw for reciting it again.
Ruling 1226. If, while performing prayers, one inadvertently talks for a while and all his talking stems from one mistake, then performing two sajdat al-sahws aer the salām of the prayer is sufficient.
314 Ruling 1227. If a person inadvertently does not say al-tasbīḥāt al-arbaʿah, the recommended precaution is that he should perform two sajdat al-sahws aer prayers.
Ruling 1228. If at a time when he must not say the salām of the prayer one inadvertently says: assalāmu ʿalaynā wa ʿalā ʿibādil lāhīṣ ṣāliḥīn, or he says: assalāmu ʿalaykum even if aer it he does not say: wa raḥmatul lāhi wa barakātuh, then based on obligatory precaution, he must perform two sajdat al-sahws. However, if he mistakenly says: assalāmu ʿalayka ayyuhan nabiyyu wa raḥmatul lāhi wa barakātuh, then the recommended precaution is that he should perform two sajdat al-sahws. And if he says two or more words of the salām, then based on obligatory precaution, he must perform two sajdat al-sahws.
Ruling 1229. If a person mistakenly says all three sentences of salām at a time when he must not say salām, two sajdat al-sahws will suffice.
Ruling 1230. If a person forgets one sajdah or tashahhud and remembers it before performing rukūʿ of the next rakʿah, he must go back and perform it; and based on recommended precaution, he should perform two sajdat al-sahws for the additional standing.
Ruling 1231. If a person remembers in rukūʿ or aer it that he has forgoen one sajdah or tashahhud from the previous rakʿah, he must make up the sajdah aer the salām of the prayer [for the forgoen sajdah]; and for [the forgoen] tashahhud, he must perform two sajdat al-sahws.
Ruling 1232. If a person intentionally does not perform sajdat al-sahw aer the salām of the prayer he commits a sin; and based on obligatory precaution, he must perform it as soon as possible. And in the event that he inadvertently does not perform it, he must perform it as soon as he remembers and it is not necessary for him to perform the prayer again.
315 Ruling 1233. If a person doubts whether or not, for example, two sajdat al-sahws have become obligatory on him, it is not necessary for him to perform them.
Ruling 1234. If a person doubts whether, for example, two sajdat al-sahws have become obligatory on him or four, it is sufficient if he performs two sajdat al-sahws.
Ruling 1235. If a person knows that he has not performed one of the two sajdat al-sahws, and it is not possible to perform the other one on account of a long time having elapsed, or he knows that he inadvertently performed three sajdahs, he must perform two sajdat al-sahws.
METHOD OF PERFORMING SAJDAT AL-SAHW
Ruling 1236. e method of performing sajdat al-sahw is that immediately aer the salām of the prayer, one must make the intention of sajdat al-sahw and place his forehead, based on obligatory precaution, on something on which performing sajdah is permied. e recommended precaution is that one says dhikr in the sajdah, and it is beer that he says: َ َ َّ َ ُ َ َ ْ َ ُّ َ َّ ُّ َ َ ْ َ ُ َ َ َ َ ُ ُ ِۢ ِاﷲ و ﺑِ ِﺎﷲ، اﻟﺴﻼم ﻋﻠﻴﻚ ﻛﻓﻬﺎ اﺠ ِﺒﻲ و رﻤﺣﺔ ِاﷲ و ﺑﺮﺎﻛﺗﻪ bismil lāhi wa billāhi, assalāmu ʿalayka ayyuhan nabiyyu wa raḥmatul lāhi wa barakātuh In the name of Allah and by Allah. Peace be upon you O Prophet, and Allah’s mercy and His blessings (be upon you too).
en, he must sit up and go into sajdah again, and he should say the dhikr mentioned above. [He must then sit] and say tashahhud, aer which he must say: َ َ َ َ ْ ا َّﻟﺴﻼ ُم ﻋﻠﻴ ْﻜﻢ assalāmu ʿalaykum Peace be upon you all.
And it is preferable that he adds the words: 316 َ ْ َ ُ َ ُ ُ َو رﻤﺣﺔ ِاﷲ َو ﺑ َﺮﺎﻛﺗﻪ wa raḥmatul lāhi wa barakātuh and Allah’s mercy and His blessings (be upon you too).
MAKING UP (QAḌĀʾ) A FORGOTTEN SAJDAH
Ruling 1237. If a person forgets a sajdah in his prayers and is required to make it up aer the prayer, he must do so having met all the conditions of prayers, such as his body and clothing being pure, facing qibla, and the other conditions.
Ruling 1238. If a person forgets a few sajdahs - for example, he forgets one sajdah from the first rakʿah and another from the second - then aer the prayer, he must make up both sajdahs. And the recommended precaution is that he should perform two sajdat al-sahws for each forgoen sajdah.
Ruling 1239. If a person forgets one sajdah and one tashahhud, he must perform two sajdat al-sahws for the forgoen tashahhud, but it is not necessary for him to do so for the forgoen sajdah, although it is beer if he does.
Ruling 1240. If a person forgets two sajdahs from two rakʿahs, it is not necessary for him to observe sequence when making them up.
Ruling 1241. If between the salām of the prayer and making up the sajdah one does something that were he to do it intentionally or inadvertently in prayers it would invalidate the prayer - for example, he turns his back to qibla - then the recommended precaution is that aer making up the sajdah, he should perform the prayer again.
Ruling 1242. If a person remembers aer the salām of the prayer that he has forgoen one sajdah from the last rakʿah, in the event that he does not do anything that invalidates prayers, he must perform it and all that follows it, i.e. tashahhud and salām. And
317 based on obligatory precaution, he must perform two sajdat al-sahws for saying an additional salām.
Ruling 1243. If between the salām of the prayer and making up the sajdah a person does something that makes it obligatory on him to perform sajdat al-sahw - for example, he inadvertently speaks - then based on obligatory precaution, he must first make up the sajdah and then perform two sajdat al-sahws.
Ruling 1244. If a person does not know whether he has forgoen a sajdah or tashahhud in prayers, he must make up the sajdah and perform two sajdat al-sahws. And the recommended precaution is that he should also make up the tashahhud.
Ruling 1245. If a person doubts whether or not he has forgoen a sajdah or tashahhud, it is not obligatory on him to make up the sajdah or the sajdat al-sahw.
Ruling 1246. If a person knows he has forgoen to perform a sajdah but doubts whether or not he remembered before performing rukūʿ of the next rakʿah and then performed it, the recommended precaution is that he should make it up.
Ruling 1247. With regard to someone who must make up a sajdah, if for some reason sajdat al-sahw becomes obligatory on him as well, then based on obligatory precaution, aer prayers he must first make up the sajdah and then perform sajdat al-sahw.
Ruling 1248. If aer prayers one doubts whether or not he has made up a forgoen sajdah, in the event that the time for the prayer has not expired, he must make up the sajdah. In fact, even if the time has expired, he must, based on obligatory precaution, make it up.
OMITTING OR ADDING COMPONENTS OR CONDITIONS OF THE PRAYER
Ruling 1249. Whenever a person intentionally omits or adds
318 something that is an obligatory component of the prayer, even to the extent of one word, the prayer is invalid.
Ruling 1250. If on account of ignorance a person adds or omits something that is an obligatory rukn, the prayer is invalid. As for omiing something that is obligatory but is not a rukn by someone who is inculpably ignorant - such as someone who trusts the words of a reliable person or a credible manual of Islamic rulings (risālah), and aerwards he realises that the person or the manual was wrong - this does not invalidate the prayer. Furthermore, in the event that a person does not know the relevant ruling, even if it is his own fault [for not knowing it], and he recites Surat al-Ḥamd and the other surah of ṣubḥ, maghrib, and ʿishāʾ prayers in a whisper, or he recites Surat al-Ḥamd and the other surah of ẓuhr and ʿaṣr aloud, or he performs ẓuhr, ʿaṣr, and ʿishāʾ prayers as four rakʿah prayers when he is a traveller, in these cases, his prayer is valid.
Ruling 1251. If during or aer prayers one learns that his wuḍūʾ or ghusl was invalid, or that he started performing prayers without wuḍūʾ or ghusl, he must perform the prayer again with wuḍūʾ or ghusl, and if the time for the prayer has expired, he must make it up.
Ruling 1252. If aer going into rukūʿ one remembers that he forgot to perform the two sajdahs in the previous rakʿah, then based on obligatory precaution, his prayer is invalid. However, if he remembers this before going into rukūʿ, he must go back, perform the two sajdahs, stand up, recite Surat al-Ḥamd and the other surah or al-tasbīḥāt al-arbaʿah, and then complete the prayer. And aer prayers, based on recommended precaution, he should perform two sajdat al-sahws for the additional standing.
Ruling 1253. If before saying ‘assalāmu ʿalaynā’ and ‘assalāmu ʿalaykum’ [in the salām of the prayer] one remembers that he has not performed the two sajdahs in the last rakʿah, he must perform the two sajdahs and then say tashahhud and the salām of the prayer again. 319 Ruling 1254. If before the salām of the prayer one remembers that he has not performed one rakʿah or more from the end of the prayer, he must perform what he had forgoen.
Ruling 1255. If aer the salām of the prayer one remembers that he has not performed one rakʿah or more from the end of the prayer, in the event that he has done something that were he to do it intentionally or inadvertently during prayers it would invalidate the prayer - such as turning his back to qibla - his prayer is invalid. However, if he has not done anything that were he to do it intentionally or inadvertently during prayers it would invalidate the prayer, he must immediately perform what he had forgoen and for the additional salām, he must, based on obligatory precaution, perform two sajdat al-sahws.
Ruling 1256. Whenever aer the salām of the prayer one does something that were he to do it intentionally or inadvertently during prayers it would invalidate them - such as turning his back to qibla - and he later remembers that he has not performed the two last sajdahs, his prayer is invalid. However, if before doing something that invalidates prayers he remembers this, he must perform the two sajdahs that he had forgoen and say tashahhud and the salām of the prayer again; and based on obligatory precaution, he must perform two sajdat al-sahws for the salām that he first said.
Ruling 1257. If a person realises that he has performed a prayer before its prescribed time, he must perform it again; and if its time has expired, he must make it up. If he realises that he performed it with his back to qibla, or he had turned ninety degrees or more [away from qibla], in the event that its time has not expired he must perform it again. However, if its time has expired, then in the event that he was uncertain or was ignorant about the rule, it is obligatory on him to make it up; otherwise, it is not. And if he realises that he had turned less than ninety degrees, and he did not have a legitimate excuse for turning away from qibla - for example, he was searching for the direction of qibla, or he was negligent in
320 learning the ruling - then based on obligatory precaution, he must perform the prayer again, irrespective of whether there is time or not. However, if he did have a legitimate excuse, then it is not necessary for him to perform the prayer again.
PRAYERS OF A TRAVELLER
If the following eight conditions are fulfilled, a traveller must perform ẓuhr, ʿaṣr, and ʿishāʾ prayers in their shortened (qaṣr) form; i.e. he must perform them as two rakʿah prayers.
First condition: the journey must not be less than eight farsakhs (approximately forty-four kilometres) [which is equal to approximately twenty-seven and a half miles].
Ruling 1258. If a person’s outward and return journey totals eight farsakhs - irrespective of whether or not the outward or the return journey on its own is less than four farsakhs - he must perform qaṣr prayers. erefore, if his outward journey is three farsakhs and his return is five, or vice versa, he must perform qaṣr prayers, i.e. [he must perform the four rakʿah prayers] as two rakʿah prayers.
Ruling 1259. If a person’s outward and return journey totals eight farsakhs, then even if he does not return on the same day or night, he must perform qaṣr prayers; however, it is beer that in this case, as a recommended precaution, he also performs prayers in their complete (tamām) form.
Ruling 1260. If a person’s journey is a lile short of eight farsakhs, or, if he does not know whether or not his journey is eight farsakhs, he must not perform qaṣr prayers. In the event that he doubts whether or not his journey is eight farsakhs, it is not necessary for him to investigate and he must perform tamām prayers.
Ruling 1261. If a just or a reliable person informs a person that his journey is eight farsakhs, and if he aains confidence in what he says, he must perform qaṣr prayers.
321 Ruling 1262. If someone who is certain that his journey is eight farsakhs performs qaṣr prayers and later realises that it was not eight farsakhs, he must perform them as four rakʿah prayers; and if the time has expired, he must make them up.
Ruling 1263. With regard to someone who is certain that the journey he wants to go on is not eight farsakhs, or he doubts whether or not it is eight farsakhs, in the event that he realises on the way that his journey is eight farsakhs, he must perform qaṣr prayers even if only a short distance of his journey is le. And if he has performed tamām prayers, he must perform them again in their shortened form; however, if the time has expired it is not necessary for him to make them up.
Ruling 1264. If a person comes and goes a number of times between two places which are less than four farsakhs apart, he must perform tamām prayers even if the total distance travelled by him is eight farsakhs.
Ruling 1265. If there are two roads to a place - one of them less than eight farsakhs and the other eight or more farsakhs - then, in the event that one goes to that place by the road that is eight farsakhs, he must perform qaṣr prayers; and if he goes by the road that is not eight farsakhs, he must perform tamām prayers.
Ruling 1266. e start of the eight farsakhs on one’s journey must be calculated from the point beyond which a person is deemed to be a traveller; this is usually the outskirts of a town. However, in some very big cities it is possible that it is the outskirts of a particular area. e end [of one’s journey] is his final destination.
Second condition: one must have the intention of travelling eight farsakhs from the commencement of his journey; i.e. he must know that he will travel eight farsakhs. erefore, if he travels to a place that is less than eight farsakhs, and aer reaching that place he makes the intention of going to a place that together with the distance he has already travelled totals eight farsakhs, then as he
322 did not have the intention of travelling eight farsakhs from the commencement of his journey, he must perform tamām prayers. However, if he wants to travel eight farsakhs from that place, or, for example, he wants to travel a distance that together with the return journey totals eight farsakhs, he must perform qaṣr prayers.
Ruling 1267. With regard to someone who does not know how many farsakhs his journey is - for example, he travels in order to find a lost person and does not know how far he must go before he finds him - he must perform tamām prayers. However, on the return journey, in the event that the distance to his home town (waṭan) or to a place where he intends to stay for ten days is eight or more farsakhs, he must perform qaṣr prayers. Similarly, if during his journey he makes an intention to travel a distance that together with the return journey totals eight farsakhs, he must perform qaṣr prayers.
Ruling 1268. A traveller must perform qaṣr prayers when he has decided to travel eight farsakhs. erefore, if someone goes out of his town and, for example, his intention is that if he finds a friend he will travel for eight farsakhs, then, in the event that he is confident that he will find a friend, he must perform qaṣr prayers; and if he is not confident about this, he must perform tamām prayers.
Ruling 1269. If someone who has the intention of travelling eight farsakhs covers even a short distance every day, when he reaches the permied limit (ḥadd al-tarakhkhuṣ) (the meaning of which will be explained Ruling 1304), he must perform qaṣr prayers. However, if he covers a very short distance every day, the obligatory precaution is that he must perform both qaṣr and tamām prayers.
Ruling 1270. With regard to someone like a prisoner who is travelling under the authority of someone else [i.e. a guard], in the event that he knows the journey will be eight farsakhs, he must perform qaṣr prayers. However, if he does not know, he must
323 perform tamām prayers and it is not necessary for him to inquire [about the distance of the journey], although it is beer that he does.
Ruling 1271. With regard to someone who is travelling under the authority of someone else, if he knows or supposes that he will become separated from the other person before reaching four farsakhs and that he will not travel any further, he must perform tamām prayers.
Ruling 1272. With regard to someone who is travelling under the authority of someone else, if he is not confident that he will become separated from the other person before reaching four farsakhs and that he will not travel any further, he must perform tamām prayers. However, if he is confident about this, he must perform qaṣr prayers.
Third condition: one must not change his intention on the way. If before travelling four farsakhs one changes his mind or becomes unsure [about continuing the journey], and the distance he has already travelled together with the return journey totals less than eight farsakhs, he must offer tamām prayers.
Ruling 1273. If aer travelling some of the way, which together with the return journey totals eight farsakhs, one abandons the journey, in the event that he decides to remain in that place, or to return aer ten days, or he is unsure about returning or staying there, he must perform tamām prayers.
Ruling 1274. If aer travelling some of the way, which together with the return journey totals eight farsakhs, one changes his mind and decides to return, he must perform qaṣr prayers even if he wants to stay less than ten days in that place.
Ruling 1275. If a person travels towards a place on a journey of eight farsakhs and aer going some distance he decides to go somewhere else, in the event that the distance between the first
324 place from where he started his journey to the place where he wants to go is eight farsakhs, he must perform qaṣr prayers.
Ruling 1276. If before travelling eight farsakhs one becomes unsure about continuing his journey, and while he is unsure he does not continue with his journey and later decides to continue with it, he must perform qaṣr prayers until the end of his journey.
Ruling 1277. If before travelling eight farsakhs one becomes unsure about continuing his journey, and while he is unsure he travels some distance and later decides to travel another eight farsakhs, or to travel to a place the distance to and from which totals eight farsakhs, he must perform qaṣr prayers until the end of his journey.
Ruling 1278. If before travelling eight farsakhs one becomes unsure about continuing his journey, and while he is unsure he travels some distance and later decides to continue with his journey, then, in the event that the total outward and return journey minus the distance he travelled while he was unsure is less than eight farsakhs, he must perform tamām prayers; and if it is not less than eight farsakhs, his prayers must be in qaṣr form.
Fourth condition: before travelling eight farsakhs, one must not intend to pass through his home town and stay there, or to stay in a place for ten or more days. erefore, if before travelling eight farsakhs someone intends to pass through his home town and stay there, or to stay in a place for ten or more days, he must perform tamām prayers. And if he intends to pass his home town without staying there, he must as a precautionary measure perform both qaṣr and tamām prayers.
Ruling 1279. If someone does not know whether or not he will pass through his home before travelling eight farsakhs or if he will intend to stay in a place for ten days, he must perform tamām prayers.
325 Ruling 1280. If someone wants to pass through his home town and stay there before travelling eight farsakhs, or if he wants to stay at a place for ten days, and similarly, if someone is unsure about passing through his home town, or he is unsure about staying at a place for ten days, then, if he changes his mind about staying in a place for ten days or passing through his home town, he must perform tamām prayers. However, if the remaining distance, even with the return journey added, is eight farsakhs, he must perform qaṣr prayers.
Fifth condition: one must not travel for an unlawful purpose. If a person travels for an unlawful purpose, such as the, he must perform tamām prayers. e same applies if the journey itself is unlawful; for example, it is harmful for him in that it can result in death or the loss of a limb, or, for example, a wife who travels without the permission of her husband on a journey that is not obligatory. However, if it is like a journey for obligatory hajj, he must perform qaṣr prayers.
Ruling 1281. A journey which is not obligatory and which is a source of annoyance for one’s father or mother on the account of their compassion for their child, is unlawful, and on such a journey he must perform tamām prayers and fast [i.e. if he is legally obliged to fast on that day, he is not exempt from fasting as he normally would be].
Ruling 1282. With regard to someone whose journey is not unlawful and who is not travelling for any unlawful purpose, if he commits a sin on his journey - for example, he backbites or drinks alcohol - he must perform qaṣr prayers.
Ruling 1283. If a person travels in order to avoid an obligatory act - irrespective of whether or not he has some other purpose for travelling as well - he must perform tamām prayers. erefore, if a person owes some money and can repay his debt and the creditor demands it from him, in the event that he cannot pay his debt while he is travelling and he travels in order to escape the repayment of
326 his debt, he must perform tamām prayers. However, if the purpose of his travel is something else, then even if he avoids an obligatory act on his journey, he must perform qaṣr prayers.
Ruling 1284. If a person travels on a usurped animal or in a usurped vehicle and he has travelled in order to escape from its owner, or, if he travels on usurped land, he must perform tamām prayers.
Ruling 1285. With regard to someone who travels in compliance with the orders of an oppressor, if he is not compelled to do so and his journey is in order to help the oppressor in his oppression, he must perform tamām prayers. However, if he is compelled to, or, for example, he travels with the oppressor in order to save an oppressed person, his prayers must be performed in qaṣr form.
Ruling 1286. If a person travels for recreational and leisure purposes, his journey is not unlawful and he must perform qaṣr prayers.
Ruling 1287. If a person goes hunting for amusement and fun, although it is not unlawful, his prayer during the outward journey must be performed in tamām form and during the return journey in qaṣr form, provided that it is of the prescribed distance. If the outward journey is not for hunting and the person hunts for his livelihood, he must perform his prayers in qaṣr form. e same applies if he travels for the purposes of business and for increasing his wealth, although in this case, the recommended precaution is that he should perform both qaṣr and tamām prayers.
Ruling 1288. With regard to someone who has travelled for a sinful purpose, if the return journey on its own is eight farsakhs, he must perform qaṣr prayers during the return journey. And the recommended precaution is that if he has not repented, he should perform both qaṣr and tamām prayers.
Ruling 1289. With regard to someone whose journey is a sinful one, if on the way he abandons his intention to sin - irrespective
327 of whether or not the remaining distance on its own, or the sum of both the outward and return journey from that point is eight farsakhs - he must perform qaṣr prayers.
Ruling 1290. With regard to someone who has not travelled for a sinful purpose, if on the way he makes the intention of travelling the rest of the journey for a sinful purpose, he must perform tamām prayers. However, the prayers he performed in qaṣr form [before he changed his intention] are valid.
Sixth condition: one must not be a nomad, such as the desert dwellers who roam the deserts and stay wherever they find water and food for themselves and for their animals, and aer a period of time move to another place. Such people must perform tamām prayers on these journeys.
Ruling 1291. If a nomad travels in search of a place to stay and pasture for his animals, for example, in the event that he travels with his possessions and equipment such that it can be said he has his house with him, he must perform tamām prayers. Otherwise, in the event that his journey is eight farsakhs, he must perform qaṣr prayers.
Ruling 1292. If a nomad travels for ziyārah,59 hajj, business, or suchlike and it cannot be said that he is travelling with his house, he must perform qaṣr prayers; and if it can be said, then he must perform tamām prayers.
Seventh condition: one must not be a frequent traveller (kathīr al-safar). As for someone whose work is dependent on travelling - such as a driver and the captain of a ship, or a delivery person or shepherd - or someone who travels frequently even though his work does not require him to do so - such as someone who travels three days in a week even if it is for recreational and touristic purposes - such a person must perform tamām prayers.
59 Ziyārah is a visitation to the place of burial of a holy personality or to a holy place. 328 Ruling 1293. With regard to someone whose profession is travelling, if he travels for another purpose, such as ziyārah or hajj, he must perform qaṣr prayers unless he is commonly known to be a ‘frequent traveller’, such as someone who always travels three days in a week. However, if, for example, a driver of a car is hired for a ziyārah trip and on that trip he also performs ziyārah, he must perform tamām prayers.
Ruling 1294. A tour leader (someone who travels in order to take pilgrims to Mecca), in the event that his profession is travelling, must perform tamām prayers. However, if his profession is not travelling and he only travels in the hajj season in order to take pilgrims, then in the event his trip is a short one - for example, two or three weeks - his prayers must be performed in qaṣr form; and if it is a long trip - such as three months - his prayers must be performed in tamām form. If he doubts whether or not he can be called a frequent traveller, then as an obligatory precaution he must perform both qaṣr and tamām prayers.
Ruling 1295. In order for someone to be called a ‘driver’ and suchlike, it is a requirement that he intends to continue driving and his resting time must not be longer than usual for drivers. erefore, if someone, for example, travels one day a week he cannot be called a driver. Furthermore, someone can be called a ‘frequent traveller’ if he travels a minimum of ten times a month and travels on ten days a month or spends ten days a month travelling, albeit on two or three separate journeys, on condition that he intends to continue doing this for six months in one year or three months every few years. In such a case, his prayers on all his journeys, even on his non-repetitive ones, must be performed in tamām form. And in the first two weeks he must, as an obligatory precaution, perform both qaṣr and tamām prayers. And if the numbers or days of his journey in a month comes to eight or nine, then based on obligatory precaution, on all the journeys he must perform both qaṣr and tamām prayers; and if the number of days is less than this, he must perform his prayers in qaṣr form.
329 Ruling 1296. Someone whose profession is travelling in a part of the year - such as a driver who is hired for his services only in either summer or winter - must perform tamām prayers on that journey. And the recommended precaution is that he should perform both qaṣr and tamām prayers.
Ruling 1297. A driver or a salesperson who comes and goes in distances of two or three farsakhs from a town must perform qaṣr prayers in the event that he happens to travel eight farsakhs.
Ruling 1298. Someone whose profession is travelling - whether he stays in his home town for ten or more days and had an intention from the outset to stay for ten days, or he stays without any such intention - must perform tamām prayers on the first journey he goes on aer ten days. e same applies if he stays in a place that is not his home town for ten days, whether he had an intention to do so or not. However, with regard to a herdsman or a driver who is hired, the recommended precaution is that on the first journey he goes on aer ten days, he should perform both qaṣr and tamām prayers.
Ruling 1299. With regard to someone whose profession is travelling, it is not a condition that he travels three times in order for his prayers to be in tamām form; rather, whenever the title ‘driver’ and suchlike can be applied to him, even if it is on his first journey, his prayers must be performed in tamām form.
Ruling 1300. With regard to someone whose profession is travelling, such as a herdsman or driver, in case travelling causes him excessive difficulty and exhaustion that is more than usual, he must perform qaṣr prayers.
Ruling 1301. Someone who travels around different cities and has not adopted a home town for himself must perform tamām prayers.
Ruling 1302. With regard to someone whose profession is not travelling, if, for example, he has to continuously travel to a town
330 or village in order to pick up a commodity that he transports, he must perform qaṣr prayers unless he is a frequent traveller, the criteria for which was explained in Ruling 1295.
Ruling 1303. With regard to someone who has disregarded a place as his home town and wants to adopt another home town, if he cannot be given one of the titles that requires one to perform tamām prayers - such as ‘frequent traveller’ or ‘nomad’ - he must perform qaṣr prayers on his travels.
Eighth condition: one must reach the permied limit (ḥadd al-tarakhkhuṣ) if he starts his journey from his home town. However, if he travels from a place that is not his home town, then the permied limit does not apply to him and he must perform his prayers in qaṣr form from the moment he sets out on his journey from his place of residence.
Ruling 1304. e permied limit is the place where the people of a town - including those who live on its outskirts and are considered to be residents of the town - cannot see a traveller; and its sign is that he cannot see the people of the town.
Ruling 1305. A traveller who is returning to his home town must perform qaṣr prayers until the time he enters his home town. Similarly, a traveller who wants to stay somewhere for ten days must perform qaṣr prayers until the time he reaches that place.
Ruling 1306. If a town’s location happens to be elevated such that its residents can be seen from around it, or, if it happens to be in a depression such that if one went a short distance away from it he would not see its residents, then, if a resident of that town travels and reaches a distance such that had the town’s location been at ground level he would not be able to see its residents, he must perform qaṣr prayers. Similarly, if the elevation or depression of the road he is travelling on is more than what is normal, he must take into account a normal type of road [in determining whether he must perform qaṣr or tamām prayers].
331 Ruling 1307. If before reaching the permied limit a person who is siing on a ship or train starts performing prayers with the intention of tamām prayers, but before performing rukūʿ of the third rakʿah he reaches the permied limit, he must perform prayers in qaṣr form.
Ruling 1308. If in the situation mentioned above one reaches the permied limit aer performing rukūʿ of the third rakʿah, he must perform another prayer in qaṣr form and it is not necessary for him to complete the first prayer.
Ruling 1309. If a person is certain that he has reached the permied limit and performs his prayer in qaṣr form, and later he realises that when he performed his prayer he had not actually reached the permied limit, he must perform the prayer again; and if when he performs the prayer again he has still not reached the permied limit, he must perform the prayer in tamām form, but if he has passed it, he must perform it in qaṣr form; and if the time for the prayer has expired, he must perform it in accordance to what his duty was when the prescribed time for it expired.
Ruling 1310. If a person’s eyesight is not normal, he must perform qaṣr prayers from the point where people of average eyesight would not be able to see the residents of the town.
Ruling 1311. If while travelling one doubts whether or not he has reached the permied limit, he must perform tamām prayers.
Ruling 1312. If a traveller who passes his home town on his journey stays there, he must perform tamām prayers; otherwise [i.e. if he does not stay there], the obligatory precaution is that he must perform both qaṣr and tamām prayers.
Ruling 1313. A traveller who reaches his home town on his journey and stays there must perform tamām prayers while he is there. However, if he wants to travel eight farsakhs from there, or, for example, he wants to travel four farsakhs going and four
332 farsakhs returning, then when he reaches the permied limit he must perform qaṣr prayers.
Ruling 1314. A place that one adopts as his permanent residence is his home town, irrespective of whether or not he was born there, or it was the home of his parents, or he selected it himself for his residence.
Ruling 1315. If a person intends to stay for a short time in a location that is not his home town and to later move to another place, that location is not considered to be his home town.
Ruling 1316. A place that one has adopted as his residence is ruled as his home town - even if he does not intend to always live there - provided that he cannot be commonly regarded as being a traveller there, such that were he to choose to temporarily stay somewhere else for ten days or more, people would still say the first place is his place of residence.
Ruling 1317. With regard to a person who resides in two places - for example, he resides six months in one town and six months in another - both places are his home towns. Furthermore, if he has chosen to reside in more than two places, all of them are considered to be his home towns.
Ruling 1318. Some jurists have said: with regard to a person who owns a residential home somewhere, that place is ruled as his home town if he stays there for six continuous months with the intention of residing there and as long as that house belongs to him. erefore, whenever he travels there he must perform tamām prayers. However, this rule is not established.
Ruling 1319. If a person reaches a place that was once his home town but which he now disregards [as being his home town], he must not perform tamām prayers there even if he has not adopted another place as his home town.
333 Ruling 1320. A traveller who has the intention of staying somewhere for ten consecutive days or knows that he has no choice but to stay somewhere for ten days, must perform tamām prayers in that place.
Ruling 1321. It is not necessary for a traveller who wants to stay somewhere for ten days to have the intention to stay there on the first night and on the eleventh night. Rather, [it is sufficient i] he makes the intention that he will stay there from sunrise on the first day until sunset of the tenth day, [and if he does so] he must perform tamām prayers. e same applies if, for example, he makes the intention to stay there from noon on the first day until noon on the eleventh day.
Ruling 1322. A traveller who wants to stay somewhere for ten days must perform tamām prayers if he wants to stay in one place for ten days. erefore, if he intends to stay, for example, ten days in Najaf and Kufa, or in Tehran and Karaj, he must perform qaṣr prayers.
Ruling 1323. With regard to a traveller who wants to stay somewhere for ten days, if from the outset he intends during the ten days to travel to a surrounding place - which is commonly regarded as being a different place - and if the distance to it is less than four farsakhs, then, if the period of his outward and return journeys is such that it does not conflict with him staying for ten days, he must perform tamām prayers. However, if it does conflict, then he must perform qaṣr prayers. For example, if he intends from the outset to travel for one complete day or for one complete night, then this conflicts with his staying and he must perform qaṣr prayers. However, in the event that his intention is, for example, to travel for half a day and return, even if the return is aer sunset, then he must perform his prayers in tamām form unless this type of travelling happens so oen that he is commonly regarded as residing in two or more places.
Ruling 1324. A traveller who has not decided to stay somewhere
334 for ten days but whose intention is, for example, that if his friend comes or if he finds a good house then he will stay there for ten days, must perform qaṣr prayers.
Ruling 1325. With regard to a person who has decided to stay somewhere for ten days, if he deems it probable that some obstacle to his staying there will arise, and if rational people would consider this probability to be significant, he must perform qaṣr prayers.
Ruling 1326. If a traveller knows, for example, that ten days or more remain before the end of the month, and he intends to stay somewhere until the end of the month, he must perform tamām prayers. However, if he does not know how long is le until the end of the month and makes an intention to stay until the end of the month, he must perform qaṣr prayers even if ten days or more remain from the time he made the intention until the last day of the month.
Ruling 1327. If a traveller intends to stay somewhere for ten days, in the event that before he performs a four rakʿah prayer he abandons the idea of staying there, or he becomes unsure of whether to stay there or go to another place, in such a case, he must perform qaṣr prayers. However, if aer performing a four rakʿah prayer he abandons the idea of staying there or becomes unsure, he must perform tamām prayers as long as he stays there.
Ruling 1328. If a traveller who has made the intention to stay somewhere for ten days keeps a fast and aer the time for ẓuhr prayers he changes his mind about staying there, in the event that he has performed a four rakʿah prayer, the fasts he keeps there are valid and he must perform tamām prayers. However, if he has not performed a four rakʿah prayer, he must, as an obligatory precaution, complete that day’s fast and also make it up; he must also perform qaṣr prayers and he cannot fast on the remaining days.
Ruling 1329. If a traveller who has made the intention to stay somewhere for ten days changes his mind about staying but
335 doubts whether he changed his mind about staying aer or before he performed a four rakʿah prayer, he must perform qaṣr prayers.
Ruling 1330. If a traveller starts performing a prayer with the intention of performing a qaṣr prayer and during it he decides to stay in that place for ten days or more, he must complete his prayer as a four rakʿah prayer.
Ruling 1331. If a traveller who has made the intention to stay somewhere for ten days changes his mind during his first four rakʿah prayer, in the event that he has not yet started to perform the third rakʿah, he must complete his prayer as a two rakʿah prayer and perform his remaining prayers in qaṣr form. e same applies if he has started to perform the third rakʿah but has yet not gone into rukūʿ; he must sit down and complete the prayer in qaṣr form; however, if he has gone into rukūʿ, he can either break his prayer or complete it, and he must perform it again in qaṣr form.
Ruling 1332. If a traveller who has made the intention to stay somewhere for ten days stays there for more than ten days, he must perform tamām prayers as long as he does not travel, and it is not necessary for him to make another intention to stay for ten days.
Ruling 1333. A traveller who has made the intention to stay somewhere for ten days must keep obligatory fasts, and he can also keep recommended fasts and perform the nāfilah of ẓuhr, ʿaṣr, and ʿishāʾ.
Ruling 1334. With regard to a traveller who has made the intention to stay somewhere for ten days, if aer performing a four rakʿah prayer within its prescribed time or aer staying there for ten days - even if he has not performed one prayer in tamām form - he wants to go to a place that is less than four farsakhs away and then come back and stay in the first place again for ten days or less, in such a case, he must perform tamām prayers from the time he goes until the time he comes back and aer coming back as well.
336 However, if his returning to the place of his residence is only because it is on the way, and if the distance of his journey is eight farsakhs, then it is necessary for him to perform qaṣr prayers while going, returning, and at his place of residence.
Ruling 1335. With regard to a traveller who has made the intention to stay somewhere for ten days, if aer performing a four rakʿah prayer within its prescribed time he wants to go somewhere else that is less than eight farsakhs away and stay there for ten days, he must perform tamām prayers while going and also at the place where he intends to stay for ten days. However, if he wants to go to a place that is eight farsakhs away or further, he must perform qaṣr prayers while going. And in the event that he does not want to stay there for ten days, he must perform qaṣr prayers while he is there.
Ruling 1336. With regard to a traveller who has made the intention to stay somewhere for ten days, if aer performing a four rakʿah prayer within its prescribed time he wants to go somewhere else that is less than eight farsakhs away, then, in the event that he is unsure whether or not he will return to his first destination, or he is totally unmindful about returning there, or he wants to return but is unsure whether or not he will stay there for ten days, or he is unmindful about staying there for ten days or travelling from there, in these cases, he must perform tamām prayers from the time he goes until the time he returns and aer he returns as well.
Ruling 1337. If someone makes an intention to stay somewhere for ten days because he thinks his friends want to stay there for ten days, and aer performing a four rakʿah prayer within its prescribed time he realises they did not have such an intention, then even if he changes his mind to stay there he must perform tamām prayers as long as he stays there.
Ruling 1338. If a traveller happens to stay somewhere for thirty days - for example, throughout those thirty days he was unsure about going or staying - he must perform tamām prayers aer thirty days have passed even if he stays there for a short time [aer the thirty days]. 337 Ruling 1339. If a traveller wants to stay somewhere for nine days or less, and if aer staying there for nine days or less he wants to stay for another nine days or less, and so on until thirty days, he must perform tamām prayers from the thirty-first day.
Ruling 1340. Aer thirty days, a traveller must perform tamām prayers if he has stayed in one place for those thirty days. erefore, if he stays part of that period in one place and part of it in another, he must perform qaṣr prayers even aer thirty days.
MISCELLANEOUS RULINGS ON THE PRAYER OF A TRAVELLER
Ruling 1341. A traveller can perform tamām prayers in the entire city of Mecca, Medina, and Kufa, and in the shrine (ḥaram) of His Eminence al-Sayyid al-Shuhadāʾ [Imam al-Ḥusayn] (ʿA) up to a distance of approximately 11.5 metres from the sacred grave [i.e. the area known as the ‘ḥāʾir’].
Ruling 1342. With regard to someone who knows he is a traveller and must perform qaṣr prayers, if he intentionally performs tamām prayers in a place other than the four places mentioned above, his prayers are invalid. e same applies if he forgets that the prayers of a traveller are qaṣr and performs them in tamām form; however, if he remembers this aer the time [for the prayer has expired], it is not necessary for him to make it up.
Ruling 1343. With regard to someone who knows he is a traveller and must perform qaṣr prayers, if he inadvertently performs tamām prayers, in the event that he becomes aware of this within the prescribed time for the prayer, he must perform the prayer again. However, if he becomes aware aer the time has expired, then based on obligatory precaution, he must make it up.
Ruling 1344. If a traveller who does not know that he must perform qaṣr prayers performs tamām prayers, his prayers are valid.
338 Ruling 1345. A traveller who knows that he must perform qaṣr prayers but does not know some of its details - for example, he does not know that qaṣr prayers must be performed on an eight farsakh journey - then, in the event that he performs tamām prayers and realises this within the prescribed time for the prayer, he must, based on obligatory precaution, perform it again; and if he does not perform it again, he must make it up. However, if he realises aer the time has expired, then there is no obligation to make it up.
Ruling 1346. If a traveller who knows that he must perform qaṣr prayers performs tamām prayers supposing that his journey is less than eight farsakhs, then whenever he realises his journey was eight farsakhs, he must perform the prayers he performed in tamām form again in qaṣr form; and if he realises aer the time for prayers has expired, it is not necessary to make it up.
Ruling 1347. If a person forgets that he is a traveller and performs tamām prayers, in the event that he remembers this within the time for the prayer, he must perform the prayer in qaṣr form; and if he remembers this aer the time for the prayer, then making it up is not obligatory on him.
Ruling 1348. If someone who must perform tamām prayers performs them in qaṣr form, his prayers are invalid in all circumstances. And based on obligatory precaution, this rule also applies to a traveller who has an intention of staying somewhere for ten days and performs qaṣr prayers there on account of not knowing the ruling.
Ruling 1349. If a person starts performing a four rakʿah prayer and during the prayer he remembers that he is a traveller, or he becomes aware that his journey is of eight farsakhs, in the event that he has not gone into rukūʿ of the third rakʿah, he must complete the prayer as a two rakʿah prayer. However, if he has completed the third rakʿah, his prayer is invalid; and if he has gone into rukūʿ of the third rakʿah, then based on obligatory precaution, his prayer is also invalid. And in case there is enough
339 time to perform even one rakʿah, he must perform the prayer again in qaṣr form; and if there is no time, he must make it up in qaṣr form.
Ruling 1350. If a traveller does not know some of the details of the prayer of a traveller - for example, he does not know that if he travels four farsakhs on his outward journey and four farsakhs on his return journey he must perform qaṣr prayers - then, in the event that he starts performing a prayer with the intention of performing a four rakʿah prayer and becomes aware of the ruling before going into rukūʿ of the third rakʿah, he must complete the prayer as a two rakʿah prayer. However, if he becomes aware of this in rukūʿ, then based on obligatory precaution, his prayer is invalid. And in case there is enough time for him to perform even one rakʿah, he must perform qaṣr prayers.
Ruling 1351. If a traveller who must perform tamām prayers on account of not knowing the ruling starts performing prayers with the intention of performing a two rakʿah prayer, and he becomes aware of the ruling during prayers, he must complete the prayer as a four rakʿah prayer. And the recommended precaution is that aer completing the prayer, he should perform that prayer again as a four rakʿah prayer.
Ruling 1352. If a traveller who has not performed prayers arrives at his home town before the time for the prayer has expired, or he arrives at a place where he wants to stay for ten days, he must perform tamām prayers. And if someone who is not a traveller does not perform prayers at the start of their prescribed time and then travels, he must perform qaṣr prayers during his journey.
Ruling 1353. With regard to a traveller who must perform qaṣr prayers, if his ẓuhr, ʿaṣr, or ʿishāʾ prayers become qaḍāʾ, he must perform them as two rakʿah qaḍāʾ prayers even if he wants to make them up when he is not travelling. And if these prayers become qaḍāʾ for someone who is not a traveller, he must perform them as four rakʿah qaḍāʾ prayers even if he wants to make them up when he is travelling. 340 Ruling 1354. Aer every qaṣr prayer, it is recommended a traveller says thirty times: ‘subḥānal lāhi wal ḥamdu lillāhi wa lā ilāha illal lāhu wallāhu akbar’.60 Although it is recommended to recite this dhikr aer every obligatory prayer, in this case [i.e. for a traveller aer every qaṣr prayer], however, it is recommended even more; in fact, in this case, it is beer to say it sixty times.
LAPSED (QAḌĀʾ) PRAYERS
Ruling 1355. With regard to someone who has not performed his daily prayers within their prescribed time, he must make them up even if he slept throughout the prescribed time or did not perform them on account of being intoxicated. e same applies to any other obligatory prayer that was not performed within its prescribed time, even, based on obligatory precaution, those prayers that had become obligatory at a specific time on account of a vow. However, the prayers of Eid al-Fiṭr and Eid al-Aḍḥā cannot be made up, and the prayers that a woman does not perform while experiencing ḥayḍ or niās are not required to be made up, irrespective of whether they are the daily prayers or other prayers. e rule concerning ṣalāt al-āyāt will be mentioned later.
Ruling 1356. If aer the time for the prayers has expired a person realises that the prayers he performed were invalid, he must make them up.
Ruling 1357. Someone who has outstanding qaḍāʾ prayers must not be negligent about performing them; however, it is not obligatory for him to perform them immediately.
Ruling 1358. Someone who has outstanding qaḍāʾ prayers can perform recommended prayers.
Ruling 1359. If a person deems it probable that he has qaḍāʾ prayers to perform, or that the prayers he performed were not
60 For the translation of this phrase, see the section titled ‘5. Translation of al-tasbīḥāt al-arbaʿah’ aer Ruling 1107. 341 valid, it is recommended that as a precautionary measure, he should make them up.
Ruling 1360. It is not necessary to make up daily prayers in the order they became qaḍāʾ, except for the prayers that must be performed in a particular order when they are performed within their prescribed time, such as ẓuhr and ʿaṣr prayers, or maghrib and ʿishāʾ prayers, of the same day.
Ruling 1361. If a person wants to make up prayers that are not the daily prayers - such as ṣalāt al-āyāt - or if, for example, he wants to make up one daily prayer and some other prayers, it is not necessary for him to perform them in the order they became qaḍāʾ.
Ruling 1362. With regard to someone who knows he has not performed a four rakʿah prayer but he does not know whether it was ẓuhr or ʿishāʾ prayers, if he performs a four rakʿah prayer with the intention of making up the prayer that he did not perform, it is sufficient; moreover, he has the option of reciting Surat al-Ḥamd and the other surah aloud or in a whisper.
Ruling 1363. With regard to someone who has to make up, for example, a number of ṣubḥ or ẓuhr prayers, but he does not know how many or he has forgoen how many - for example, he does not know if it is three, four, or five prayers that he has to make up - then, in the event that he performs the lower number, it is sufficient. However, it is beer that he performs prayers up to the extent that he can be certain of having performed all of them. For example, if he has forgoen how many ṣubḥ prayers have become qaḍāʾ but he is certain that it is not more than ten, then as a recommended precaution he should perform ten ṣubḥ prayers.
Ruling 1364. With regard to someone who has only one qaḍāʾ prayer from the past, it is beer that if the prime time of that day’s prayer will not expire, he should first perform the qaḍāʾ prayer and then start performing his daily prayer. Similarly, if he does not have any qaḍāʾ prayers from the past but on that day one or more
342 of his prayers became qaḍāʾ, then if the prime time of his prayer will not expire, it is beer that he performs that day’s qaḍāʾ prayers before he performs the adāʾ prayers.
Ruling 1365. If during prayers one remembers that one or more prayers of that day have become qaḍāʾ, or that he has only one qaḍāʾ prayer from the past, in the event that there is ample time and it is possible for him to change his intention to qaḍāʾ prayers, it is beer that he changes his intention to qaḍāʾ prayers if the prime time for the daily prayer he was performing does not expire. For example, if in ẓuhr prayers before the rukūʿ of the third rakʿah he remembers that the ṣubḥ prayer of that day had become qaḍāʾ, then in case the prime time remaining for him to perform ẓuhr prayers is not tight, he should change his intention to ṣubḥ prayers and complete his prayer as a two rakʿah prayer and then perform ẓuhr prayers. However, if the prime time remaining for ẓuhr is tight or he cannot change his intention to qaḍāʾ prayers - for example, he remembers in the rukūʿ of the third rakʿah of ẓuhr prayers that he has not performed ṣubḥ prayers - then, if he were to change his intention to ṣubḥ prayers, it would mean that he will have performed an additional rukūʿ, which is a rukn, and therefore, in such a case he must not change his intention to the qaḍāʾ of ṣubḥ prayers.
Ruling 1366. If a person has qaḍāʾ prayers from the past and one or more prayers of that day have also become qaḍāʾ, in the event that he does not have time to make up all of them or he does not want to perform all of them on that day, it is recommended that he makes up that day’s qaḍāʾ prayer before he performs the adāʾ prayers.
Ruling 1367. As long as one is alive, another person cannot make up prayers on his behalf, even if he is unable to perform his qaḍāʾ prayers himself.
Ruling 1368. Qaḍāʾ prayers can be performed in congregation, irrespective of whether the prayer of the imam of the congregation is a qaḍāʾ or adāʾ prayer; and it is not necessary
343 that both the follower and the imam perform the same prayer. For example, there is no problem if a follower performs qaḍāʾ ṣubḥ prayers with the ẓuhr or ʿaṣr prayers of the imam.
Ruling 1369. It is recommended that a mumayyiz child - i.e. a child who is able to discern between right and wrong - is habituated into performing prayers and other acts of worship; in fact, it is recommended that the child be encouraged to perform qaḍāʾ prayers as well.
LAPSED (QAḌĀʾ) PRAYERS OF A FATHER THAT ARE OBLIGATORY (WĀJIB) ON THE ELDEST SON
Ruling 1370. If one’s father has not performed his prayers and he could have made them up, in the event that he did not fail to perform them due to outright disobedience, then based on obligatory precaution, aer the father’s death his eldest son must either perform them himself or hire someone to perform them. e qaḍāʾ prayers of one’s mother are not obligatory on him to perform, although it is beer that he does.
Ruling 1371. If the eldest son doubts whether or not his father had any qaḍāʾ prayers, it is not obligatory on him to perform them.
Ruling 1372. If the eldest son knows that his father had qaḍāʾ prayers but doubts whether or not he performed them, then based on obligatory precaution, it is obligatory on him to perform them.
Ruling 1373. If it is not known who the eldest son is, it is not obligatory on any of the sons to perform their father’s qaḍāʾ prayers. However, the recommended precaution is that they should divide the qaḍāʾ prayers between themselves or draw lots (qurʿah) for performing them.
Ruling 1374. If a dying person makes a will that someone must be hired to perform his qaḍāʾ prayers, and if his will is valid, it is not obligatory on the eldest son to perform them.
344 Ruling 1375. If the eldest son wishes to perform the qaḍāʾ prayers of his mother, he must act according to his own duty with regard to reciting Surat al-Ḥamd and the other surah aloud or in a whisper. erefore, he must perform his mother’s qaḍāʾ ṣubḥ, maghrib, and ʿishāʾ prayers aloud.
Ruling 1376. With regard to someone who has his own qaḍāʾ prayers to perform, if he wants to perform the qaḍāʾ prayers of his father or mother as well, he can perform any of them first.
Ruling 1377. If at the time of his father’s death the eldest son was not of the age of legal responsibility (bāligh) or he was insane, then when he becomes bāligh and/or sane, it is not obligatory on him to perform his father’s qaḍāʾ prayers.
Ruling 1378. If the eldest son dies before performing the qaḍāʾ prayers of his father, it is not obligatory on the second son to perform them.
CONGREGATIONAL PRAYERS (ṢALĀT AL-JAMĀʿAH)
Ruling 1379. It is recommended to perform the daily prayers in congregation, and it is recommended more to perform ṣubḥ, maghrib, and ʿishāʾ prayers in congregation, especially for the neighbours of a mosque and for those who can hear the adhān of a mosque. Similarly, it is recommended for the other obligatory prayers to be performed in congregation; however, the legality (mashrūʿiyyah) of performing in congregation the prayer for ṭawāf and ṣalāt al-āyāt - except for lunar and solar eclipses - is not established.
Ruling 1380. It has been reported in authentic traditions that a prayer performed in congregation is beer than performing it twenty-five times on one’s own.
Ruling 1381. Not aending congregational prayers due to indifference about it is not permied. And it is not befiing for one to not aend congregational prayers without a valid excuse. 345 Ruling 1382. It is recommended that one delays his prayer in order to perform it in congregation. A short congregational prayer is beer than a long prayer performed on one’s own. Furthermore, a congregational prayer is beer than a prayer performed on one’s own at the start of its prescribed time; however, it is not known whether performing congregational prayer aer the prayer’s prime time is beer than a prayer performed on one’s own within its prime time.
Ruling 1383. When congregational prayers are being performed, it is recommended that a person who has performed his prayers on his own performs them again with the congregation. And if he later realises that his first prayer was invalid, his second prayer will suffice.
Ruling 1384. If an imam or follower has performed a prayer in congregation and he wants to perform it again in congregation, then although this act is not established as being recommended, there is no problem in him doing so with the intention of rajāʾ.
Ruling 1385. If a person is so obsessively doubtful (muwaswis) in prayers that it invalidates his prayers, and if he becomes free of doubt only when he performs his prayers in congregation, he must perform his prayers in congregation.
Ruling 1386. If a father or a mother commands their child to perform prayers in congregation, the recommended precaution is that he should perform them in congregation. In fact, if his father or mother’s command is due to their compassion for him, and if his opposition to it annoys them, it is unlawful for him to oppose.
Ruling 1387. Based on obligatory precaution, recommended prayers cannot be performed in congregation in any situation; however, ṣalāt al-istisqāʾ, which is performed to invoke rain, can be performed in congregation. e same applies to the prayers that were obligatory and have become recommended due to some reason, such as the Eid al-Fiṭr and Eid al-Aḍḥā prayers that were
346 obligatory when the Imam (ʿA) was present and are recommended during his occultation.
Ruling 1388. When the imam of a congregational prayer is leading a daily prayer, one can follow him for performing any of the daily prayers.
Ruling 1389. One can follow the imam of a congregational prayer who is performing the qaḍāʾ of his own or someone else’s daily prayer about which he is certain. However, if he is performing such a qaḍāʾ prayer as a precautionary measure [as opposed to being certain about it being a qaḍāʾ prayer], then it is not permied to follow him unless the follower is also performing his prayer as a precautionary measure and the reason for his precaution is the same as that of the imam’s;61 and if the follower has another reason for his precaution as well, he can still follow.
Ruling 1390. If a person does not know whether the prayer of the imam is an obligatory daily prayer or a recommended prayer, he cannot follow him.
Ruling 1391. For a congregational prayer to be valid, it is a condition that there is no obstruction between the imam and the follower, nor between the follower and another follower who is the link between him and the imam. e meaning of ‘obstruction’ here is something that separates them, irrespective of whether it is an obstruction to seeing, such as a curtain, wall, or similar thing, or it is not an obstruction to seeing, such as glass. erefore, if during the entire prayer or a part of it there is such an obstruction between the imam and the follower, or the follower and another follower who is the link, the congregation becomes invalid. Women are exempted from this rule, as will be mentioned later.
Ruling 1392. If on account of the first row being long those who 61 For example, the imam and the follower have deemed it probable that the place where they both performed a previous prayer was usurped, and so they are now performing that prayer again as a precautionary measure. 347 are standing at either end of the row do not see the imam, they can still follow. Furthermore, if on account of any of the other rows being long those standing on either side of it do not see the row in front of them, they can also follow.
Ruling 1393. If the rows of a congregation extend to the door of the mosque, the prayer of someone standing in front of the door behind the row is valid. Also, the prayer of those who follow behind him is valid. In fact, the prayer of those who are standing on either side and are linked to the congregation by means of another follower is also valid.
Ruling 1394. If a person who is standing behind a pillar is not linked to the imam by another follower from either the le side or the right, he cannot follow.
Ruling 1395. e place where the imam stands must not be higher than the place of the follower; however, there is no problem if the difference is insignificant. Similarly, if the land slopes and the imam stands at the end that is higher, there is no problem as long as the slope is not big.
Ruling 1396. ere is no problem if the place of the follower is higher than the place of imam; however, if the difference is such that it cannot be said they are joined, then the congregation is not valid.
Ruling 1397. If the link person in the congregation is a mumayyiz child - i.e. a child who is able to discern between right and wrong - then, in the event that the people in the congregation do not know his prayer is invalid, they can join with him. e same applies if the link person is not a Twelver (Ithnā ʿAsharī) Shia, in the event that his prayer is valid according to his religious denomination (madhhab).
Ruling 1398. If aer the imam says takbīrat al-iḥrām those standing in the front row are ready to perform the prayer and are
348 close to saying their takbīrat al-iḥrām, then someone standing in the next row can say his takbīrat al-iḥrām. However, the recommended precaution is that he should wait until those in the front row have completed their takbīrat al-iḥrām.
Ruling 1399. If a person knows that one of the front rows of a congregation is invalid, he cannot follow in the other rows. However, if he does not know whether or not their prayers are invalid, he can follow.
Ruling 1400. If a person knows that the imam’s prayer is invalid - for example, he knows that the imam has not performed wuḍūʾ even though the imam himself may not be aware of this - he cannot follow.
Ruling 1401. If aer prayers a follower realises that the imam was not a just person, or that he was a disbeliever, or for some reason his prayer was invalid - for example, he performed it without wuḍūʾ - his prayer is valid.
Ruling 1402. If during prayers one doubts whether or not he joined the imam, in the event that he becomes confident by means of some indications that he joined, he must complete the prayer in congregation; otherwise, he must complete the prayer with the intention of performing it on his own.
Ruling 1403. If during prayers a follower makes the intention to perform the prayer on his own without any legitimate excuse, the validity of his congregational prayer is problematic [i.e. based on obligatory precaution, his congregational prayer is not valid]. However, his prayer [performed on his own, as opposed to his congregational prayer] is valid unless he does not act in accordance with the duty of one who performs prayers on his own, in which case based on obligatory precaution he must perform the prayer again. However, if he has added or omied something, which if he had a legitimate excuse for doing would not invalidate the prayer, then it is not necessary for him to
349 perform the prayer again. For example, if from the outset of the prayer he did not intend to perform it on his own, and he did not recite qirāʾah, and during rukūʿ he decided to perform the prayer on his own, then he can complete the prayer with the intention of performing the prayer on his own and it is not necessary for him to perform it again. e same applies if he performed an additional sajdah with the intention of following the congregation.
Ruling 1404. If aer the imam has recited Surat al-Ḥamd and the other surah a follower makes the intention to perform the prayer on his own due to a legitimate excuse, it is not necessary that he recites Surat al-Ḥamd and the other surah. However, if he does not have a legitimate excuse or he makes the intention of performing the prayer on his own before the completion of Surat al-Ḥamd and the other surah, then based on obligatory precaution, it is necessary that he recites all of Surat al-Ḥamd and the other surah.
Ruling 1405. If during congregational prayers one makes the intention of performing the prayer on his own, he cannot change it back to congregational prayers. e same applies, based on obligatory precaution, if he becomes unsure about changing his intention to performing the prayer on his own and later decides to complete his prayer in congregation.
Ruling 1406. If during congregational prayers a person doubts whether or not he has made an intention to perform the prayer on his own, he must assume that he has not made such an intention.
Ruling 1407. If a person joins congregational prayers when the imam is in rukūʿ, then even if the dhikr of the imam has finished his congregational prayer is valid and he is regarded as being in his first rakʿah. However, if he bows down to the extent that is required for rukūʿ but the imam is no longer in rukūʿ, he can either complete his prayer on his own or he can break his prayer in order to join the next rakʿah.
Ruling 1408. If a person joins congregational prayers when the
350 imam is in rukūʿ and he bows down to the extent that is required for rukūʿ but doubts whether or not he joined when the imam was in rukūʿ, in the event that his doubt arises aer the completion of rukūʿ, his congregational prayer is valid; otherwise, he can either complete his prayer on his own or he can break his prayer in order to join the next rakʿah.
Ruling 1409. If a person joins congregational prayers when the imam is in rukūʿ and before he bows down to the extent that is required for rukūʿ the imam raises his head from rukūʿ, he has [three] choices: [one,] to complete the prayer on his own; [two,] to follow the imam and proceed to sajdah with a general intention of aaining proximity to Allah (qaṣd al-qurbah al-muṭlaqah) [i.e. with the intention of aaining proximity to Allah without specifying any particulars about the sajdah, such as it being a sajdah of the prayer], and when the imam stands [for the next rakʿah] he says takbīr again with an intention that the takbīr is his takbīrat al-iḥrām which he has renewed as well as a general dhikr, and he then performs the rest of the prayer in congregation; [three,] to break his prayer in order to join the next rakʿah.
Ruling 1410. If a person joins a congregational prayer from the beginning or during Surat al-Ḥamd and the other surah, and if it so happens that before he goes to rukūʿ the imam raises his head from rukūʿ, his congregational prayer is valid.
Ruling 1411. If a person arrives when the imam is saying tashahhud at the end of the congregational prayer, in the event that he wants to earn the reward of congregational prayers, he must make the intention, say takbīrat al-iḥrām, and sit down; and he can say tashahhud with the imam with a general intention of aaining proximity to Allah [i.e. with the intention of aaining proximity to Allah without specifying any particulars about the tashahhud, such as it being a tashahhud of the prayer]. However, based on obligatory precaution he must not say the salām. He must then wait until the imam has said the salām, stand up, and without saying takbīr or making the intention again, he must recite Surat al-Ḥamd and the other surah and count that rakʿah as his first. 351 Ruling 1412. A follower must not stand in front of the imam. In fact, the obligatory precaution is that if there are a number of followers, they must not stand in line with the imam; however, if the follower is the only person, there is no problem if he stands in line with the imam.
Ruling 1413. If the imam is a man and the follower a woman, there is no problem if there is a curtain or something similar between the woman and the imam, or between the woman and another follower who is a man and who is the link between the woman and the imam.
Ruling 1414. If aer a congregational prayer has commenced a curtain or something similar intervenes between a follower and the imam, or between a follower and another follower who is the link between him and the imam, then the congregational prayer becomes invalid [for the follower who is separated from the congregation] and it is necessary that the follower acts according to the duty of one who performs prayers on his own.
Ruling 1415. e obligatory precaution is that between the place where a follower performs sajdah and the place where the imam stands there must not be a gap of more than the [largest normal]62 step of a person.63 e same applies with regard to a follower who is linked to the imam by another follower in front of him. And the recommended precaution is that between the place where a follower stands and the place where another follower stands in front of him, there should not be a gap of more than the space needed for a person to perform sajdah.
Ruling 1416. If a follower is linked to the imam by a person on either his right or le side and he is not linked to the imam from 62 e words ‘largest normal’ are in keeping with the way this ruling is worded in al-Sayyid al-Sistani’s other works (see Minhāj al-Ṣāliḥīn, vol. 1, p. 245, Ruling 795; al-Masāʾil al-Muntakhabah, p. 171, Ruling 374; Tawḍīḥ al- Masāʾil-i Jāmiʿ, vol. 1, p. 484, Ruling 1710). 63 In Tawḍīḥ al-Masāʾil-i Jāmiʿ, ‘a large step’ is defined as ‘approximately one metre’ (vol. 1, p. 484, Ruling 1710). 352 the front, then based on obligatory precaution, there must not be a gap of more than a step [as defined in the previous ruling] between himself and the follower on his right or le side.
Ruling 1417. If during congregational prayers a gap of more than one step [as defined in the Ruling 1415] occurs between a follower and the imam, or between a follower and a person who is the link between him and the imam, he can continue his prayer with the intention of performing it on his own.
Ruling 1418. If the prayer of all those standing in the first row comes to an end and they do not immediately join the imam for the next prayer, the congregational prayer of those in the next row becomes invalid. In fact, even if they join immediately, the validity of the congregational prayer of those on the next row is problematic [i.e. based obligatory precaution, it is not valid].
Ruling 1419. If a person joins in the second rakʿah, it is not necessary that he recites Surat al-Ḥamd and the other surah; however, he must perform qunūt and say tashahhud with the imam. And the obligatory precaution is that when he says tashahhud he must sit [in a squaed position] such that his fingers and the balls of his feet are on the ground and his knees are off the ground, and aer tashahhud he must stand up with the imam and recite Surat al-Ḥamd and the other surah; and if he does not have enough time to recite the other surah, he must complete Surat al-Ḥamd and perform his rukūʿ with the imam; and if he does not have enough time to recite all of Surat al-Ḥamd, he can discontinue reciting it and perform rukūʿ with the imam. However, the recommended precaution in this situation is that he should complete his prayer with the intention of performing it on his own.
Ruling 1420. If a person joins the imam when he is in the second rakʿah of a four rakʿah prayer, then in his second rakʿah - which is the third rakʿah of the imam - he must sit aer the two sajdahs, say tashahhud to the extent that is obligatory, and then stand up. And
353 in the event that he does not have enough time [in his third rakʿah] to say al-tasbīḥāt al-arbaʿah three times, he must say it once and join the imam in rukūʿ.
Ruling 1421. If the imam is in the third or fourth rakʿah and a follower knows that if he joins and recites Surat al-Ḥamd he will not be able to join the imam in rukūʿ, then based on obligatory precaution, he must wait until the imam goes into rukūʿ and then join.
Ruling 1422. If a person joins when the imam is in qiyām of the third or fourth rakʿah, he must recite Surat al-Ḥamd and the other surah; and if he does not have enough time to recite the other surah, he must complete Surat al-Ḥamd and join the imam in rukūʿ; and if he does not have enough time to recite all of Surat al-Ḥamd, he can discontinue reciting Surat al-Ḥamd and go into rukūʿ with the imam. However, the recommended precaution is that in this situation, he should make the intention of performing the prayer on his own and complete the prayer.
Ruling 1423. With regard to someone who knows that if he completes the other surah or qunūt he will not be able to join the imam in rukūʿ, in the event that he intentionally recites the other surah or performs qunūt and does not join the imam in rukūʿ, his congregational prayer becomes invalid and he must act according to the duty of one who performs prayers on his own.
Ruling 1424. With regard to someone who is confident that if he starts reciting the other surah or completes it he will be able to join the imam in rukūʿ, in the event that he does not prolong the other surah a lot, it is beer that he starts reciting the other surah or completes it if he has started it. However, if he does prolong it a lot, such that it cannot be said he is following the imam, then he must not start it, or, if he has started it he must not complete it; otherwise, his congregational prayer becomes invalid although his prayer [performed on his own] is valid if he acted according to the duty of one who performs prayers on his own, as per the details mentioned in Ruling 1403. 354 Ruling 1425. With regard to someone who is certain that if he recites the other surah he will be able to join the imam in rukūʿ and he will be able to follow the imam, in the event that he recites the other surah but is unable to join the imam in rukūʿ, his congregational prayer is valid.
Ruling 1426. If the imam is standing and the follower does not know which rakʿah it is, he can join the congregational prayer; and based on obligatory precaution, he must recite Surat al-Ḥamd and the other surah; however, he must recite them with the intention of qurbah.
Ruling 1427. If a person does not recite Surat al-Ḥamd and the other surah thinking that the imam is in the first or second rakʿah, and aer rukūʿ he realises that it was the third or fourth rakʿah, his prayer is valid. However, if he realises this before rukūʿ, he must recite Surat al-Ḥamd and the other surah, and if he does not have enough time he must act according to Ruling 1422 mentioned earlier.
Ruling 1428. If a person recites Surat al-Ḥamd and the other surah thinking that the imam is in the third or fourth rakʿah, and before or aer rukūʿ he realises that it was the first or second rakʿah, his prayer is valid. And if he realises this during Surat al-Ḥamd or the other surah, it is not necessary that he completes them.
Ruling 1429. If while a person is performing a recommended prayer a congregational prayer commences, in the event that he is not confident that if he completes the recommended prayer he will be able to join the congregational prayer, it is recommended that he abandons his prayer and joins the congregational prayer even if it is to join it in the first rakʿah.
Ruling 1430. If while performing a three rakʿah or four rakʿah prayer a congregational prayer commences, in the event that he has not gone into the rukūʿ of the third rakʿah and he is not confident that if he completes the prayer he will be able to join the
355 congregational prayer, it is recommended that he completes the prayer as a two rakʿah prayer with the intention of a recommended prayer and joins the congregational prayer.
Ruling 1431. If the imam’s prayer comes to an end and the follower is saying tashahhud or the first salām of the prayer, it is not necessary that he makes the intention of performing the prayer on his own.
Ruling 1432. With regard to someone who is one rakʿah behind the imam, it is beer that when the imam says tashahhud of the last rakʿah, he should sit [in a squaed position] such that his fingers and the balls of his feet are on the ground and his knees are off the ground, and he should wait until the imam has said the salām of the prayer and then stand up. And if at that point he wants to make an intention of performing the prayer on his own, there is no problem.
CONDITIONS OF THE IMAM OF CONGREGATIONAL PRAYERS
Ruling 1433. e imam of congregational prayers must be bāligh, sane (ʿāqil), a Twelver Shia, just (ʿādil), of legitimate birth, and a person who performs prayers correctly. Furthermore, if the follower is a man then the imam must also be a man. e validity of following a ten year old child, although it has some basis, is problematic [i.e. based on obligatory precaution, one must not follow a ten year old child]. Being ‘just’ means he does the things that are obligatory on him and refrains from doing the things that are unlawful for him. e sign of being just is that he appears to be a good person, [and this is sufficient] as long as one does not have information that contradicts it.
Ruling 1434. With regard to an imam who was considered to be just, if a person doubts whether he is still just or not, he can follow him.
356 Ruling 1435. A person who performs prayers standing cannot follow someone who performs prayers siing or lying down. And a person who performs prayers siing cannot follow someone who performs prayers lying down.
Ruling 1436. A person who performs prayers siing can follow someone who performs prayers siing. However, it is problematic [i.e. based on obligatory precaution, it is not correct] for someone who performs prayers lying down to join congregational prayers, irrespective of whether the imam performs prayers standing, siing, or lying down.
Ruling 1437. If due to some legitimate excuse an imam of a congregational prayer performs prayers with impure clothes or with tayammum or with jabīrah wuḍūʾ, it is permied to follow him.
Ruling 1438. If an imam of a congregational prayer suffers from an illness whereby he cannot control the discharge of urine or faeces [i.e. incontinence], it is permied to follow him. Furthermore, a woman who is not a mustaḥāḍah is permied to follow a woman who is a mustaḥāḍah.
Ruling 1439. It is beer that one who suffers from vitiligo or leprosy does not lead congregational prayers. And based on obligatory precaution, someone who has been punished by Islamic penal law and has repented must not be followed.
RULES OF CONGREGATIONAL PRAYERS
Ruling 1440. When a follower makes the intention [for performing a congregational prayer], he must specify the imam [whom he is following]; however, it is not necessary for him to know his name. If he makes the intention that he is following the imam of the present congregational prayer, his prayer is valid.
Ruling 1441. A follower must say everything in congregational
357 prayers except the recitation of Surat al-Ḥamd and the other surah; however, if the first or second rakʿah of the follower is the third or fourth rakʿah of the imam, then he must recite Surat al-Ḥamd and the other surah.
Ruling 1442. If in the first and second rakʿah of the ṣubḥ, maghrib, and ʿishāʾ prayers a follower hears Surat al-Ḥamd and the other surah, then even though he is unable to distinguish the individual words, he must not recite Surat al-Ḥamd and the other surah. However, if he cannot hear the voice of the imam, it is recommended that he recites Surat al-Ḥamd and the other surah, but he must recite them in a whisper; and in the event that he inadvertently recites them aloud, there is no problem.
Ruling 1443. If a follower hears some of the words of Surat al-Ḥamd and the other surah, he can recite the parts that he does not hear.
Ruling 1444. If a follower inadvertently recites Surat al-Ḥamd and the other surah, or he thinks that the voice he is hearing is not the voice of the imam and recites Surat al-Ḥamd and the other surah, and he later realises that it was the voice of imam, his prayer is valid.
Ruling 1445. If a person doubts whether or not he is hearing the voice of the imam, or, if he hears a voice but does not know if it is the imam’s voice or someone else’s, he can recite Surat al-Ḥamd and the other surah.
Ruling 1446. Based on obligatory precaution, in the first and second rakʿah of ẓuhr and ʿaṣr prayers, a follower must not recite Surat al-Ḥamd and the other surah, and it is recommended that he says dhikr instead.
Ruling 1447. A follower must not say takbrat al-iḥrām before the imam. In fact, the recommended precaution is that he should not say takbīrat al-iḥrām until the imam has completed saying it.
358 Ruling 1448. If a follower inadvertently says the salām of the prayer before the imam, his prayer is valid and it is not necessary that he says the salām again along with the imam. In fact, there is no problem even if he intentionally says the salām before the imam.
Ruling 1449. Apart from takbīrat al-iḥrām, there is no problem if a follower says other parts of the prayer before the imam. However, if he can hear those other parts or he knows when the imam will say them, the recommended precaution is that he should not say them before the imam.
Ruling 1450. Except for those things that are recited in prayers, a follower must perform all other acts of the prayer - such as the rukūʿs and sajdahs - either with the imam or a lile aer him. If he intentionally performs them before the imam or delays them aer the imam to such an extent that it cannot be said he is following the imam, then his congregational prayer is invalid. However, if he acts according to the duty of one who performs the prayer on his own, his prayer is valid as per the details that were mentioned in Ruling 1403.
Ruling 1451. If a follower inadvertently raises his head from rukūʿ before the imam, then based on obligatory precaution, in the event that the imam is in rukūʿ, he must go back into rukūʿ and raise his head with the imam; in this case, performing the additional rukūʿ, which is a rukn, does not invalidate the prayer. If he intentionally does not go back into rukūʿ then based on obligatory precaution, his congregational prayer becomes invalid although his prayer [performed on his own] is valid as per the details mentioned in Ruling 1403. However, if he goes back into rukūʿ but before he joins the imam in rukūʿ the imam raises his head, then based on obligatory precaution, his prayer is invalid.
Ruling 1452. If a follower inadvertently raises his head and sees that the imam is in sajdah, then based on obligatory precaution, he must go back into sajdah. In the event that this happens in
359 both sajdahs, then performing the two additional sajdahs, which constitute a rukn, does not invalidate the prayer.
Ruling 1453. If someone inadvertently raises his head from sajdah before the imam and goes back into sajdah, and then he realises that the imam had raised his head before he went into sajdah, his prayer is valid. However, if this happens in both sajdahs, then based on obligatory precaution, his prayer is invalid.
Ruling 1454. If a person mistakenly raises his head from rukūʿ or sajdah and inadvertently or thinking that he will not be able to join the imam does not go back into rukūʿ or sajdah, his congregational prayer is valid.
Ruling 1455. If a person raises his head from sajdah and sees that the imam is in sajdah, in the event that he thinks it is the imam’s first sajdah and he goes into sajdah with the intention of performing it with the imam, but then he realises that actually it was the imam’s second sajdah, in such a case, it will be counted as his second sajdah. And if he thinks it is the imam’s second sajdah and he goes into sajdah, but then he realises that actually it was the imam’s first sajdah, in this case, he must complete the sajdah with the intention of performing it with the imam and then go into sajdah again with the imam. In each case, it is beer that he completes the prayer in congregation and performs it again.
Ruling 1456. If a person inadvertently goes into rukūʿ before the imam, in the event that aer saying the obligatory dhikr of rukūʿ he can go back and join part of the imam’s rukūʿ, he must say the dhikr and then, based on obligatory precaution, he must go back into rukūʿ. And the recommended precaution is that he says dhikr in the second rukūʿ as well. If he intentionally does not back into rukūʿ, the validity of his congregational prayer is problematic [i.e. based on obligatory precaution, it is not valid]. However, his prayer [performed on his own] is valid as per the details mentioned in Ruling 1403. And if he cannot go back to say the obligatory dhikr and join the rukūʿ of the imam, he must say the dhikr and then go
360 into sajdah with the imam, and in this situation his congregational prayer is valid.
Ruling 1457. If a person inadvertently goes into sajdah before the imam, in the event that aer saying the obligatory dhikr of sajdah he can go back and perform the sajdah with the imam, then based on obligatory precaution, he must say the dhikr and then go back. And the recommended precaution is that he should say the dhikr in the second sajdah which he performed in order to follow the imam. If he intentionally does not go back, the validity of his congregational prayer is problematic [i.e. based on obligatory precaution, it is not valid]. However, his [individual] prayer is valid as per the details mentioned in Ruling 1403. And if he cannot go back to say the obligatory dhikr and join the imam in sajdah, he must say the dhikr and then continue with the imam, and in this situation his congregational prayer is valid.
Ruling 1458. If the imam mistakenly performs qunūt in a rakʿah that does not have qunūt , or if he mistakenly starts saying tashahhud in a rakʿah that does not have tashahhud, then the follower must not perform qunūt or say tashahhud. However, he cannot go into rukūʿ before the imam or stand up before the imam; rather, he must wait until the qunūt and tashahhud of the imam finishes and then complete the rest of the prayer with him.
DUTIES OF THE IMAM AND THE FOLLOWER IN CONGREGATIONAL PRAYERS
Ruling 1459. If the follower is a man, it is recommended that he stands at the right-hand side of the imam. If the follower is a woman, it is recommended that she also stands on the right-hand side of the imam, but she must stand behind him at least to the extent that the place of her sajdah is in line with the place of his knees when he goes into sajdah. If the imam is a man and the follower is a woman, or, if the followers are a man and some women, it is recommended that the man stands on the right-hand side of the imam and the woman or women stand behind the imam.
361 If the followers are some men and one woman or some women, it is recommended that the men stand behind the imam and the women stand behind the men.
Ruling 1460. If both the imam and the followers are women, the obligatory precaution is that all of them must stand in one line and the imam must not stand in front of the others.
Ruling 1461. It is recommended that the imam stands in the middle of the line and that learned, virtuous, and God-wary people stand in the first row.
Ruling 1462. It is recommended that the rows of the congregation are orderly and that there should not be a gap between the persons standing in one row and that their shoulders should be in line with one another.
Ruling 1463. It is recommended that a follower stands up [for the prayer] aer ‘qad qāmatiṣ ṣalāh’ [of iqāmah] has been said.
Ruling 1464. It is recommended that the imam of congregational prayers takes into account the condition of the followers who are weaker than others, and that he does not prolong qunūt, rukūʿ, and sujūd unless he knows that all the persons following him prefer him to do so.
Ruling 1465. When reciting Surat al-Ḥamd and the other surah, and when saying the dhikrs that are said aloud, it is recommended that the imam of congregational prayers raises his voice to the extent that others can hear him; however, he must not raise it more than what is considered to be a normal voice.
Ruling 1466. If while performing rukūʿ the imam realises that a person has just arrived and wants to join, it is recommended that he prolongs the rukūʿ twice as much as normal and then stands up, even if he realises that another person has also arrived and wants to join.
362 THINGS THAT ARE DISAPPROVED (MAKRŪH) IN CONGREGATIONAL PRAYERS
Ruling 1467. If there is space in the rows of congregational prayers, it is disapproved for a person to stand alone.
Ruling 1468. It is disapproved for a follower to say the dhikr of prayers in a way that the imam hears it.
Ruling 1469. It is disapproved for a traveller who performs ẓuhr, ʿaṣr, and ʿishāʾ as two rakʿah prayers to follow in these prayers someone who is not a traveller. Similarly, it is disapproved for someone who is not a traveller to follow in these prayers someone who is a traveller.
THE PRAYER OF SIGNS (ṢALĀT AL-ĀYĀT)
Ruling 1470. Ṣalāt al-āyāt, for which the method of performance will be explained later, becomes obligatory when the following three phenomena occur:
1. solar eclipse; 2. lunar eclipse;
and with the occurrence of these two phenomena, ṣalāt al-āyāt becomes obligatory even if the eclipse is partial and even if one is not frightened by it;
3. earthquake, based on obligatory precaution, even if one is not frightened by it.
Based on recommended precaution, ṣalāt al-āyāt should be performed when thunder and lightning, gales that make the sky look black or red, and other similar natural celestial phenomena occur provided that most people are frightened by them. Similarly, [the prayer should be performed] when natural terrestrial phenomena occur that cause most people to fear, such as sinkholes and rock-slides. 363 Ruling 1471. If more than one phenomenon that makes it obligatory to perform ṣalāt al-āyāt occurs, then one must perform ṣalāt al-āyāt for each one of them. For example, if there is a solar eclipse and an earthquake, one must perform two ṣalāt al-āyāts.
Ruling 1472. If it is obligatory on someone to perform a number of qaḍāʾ ṣalāt al-āyāts, whether they have become obligatory due to the same phenomenon - for example, there were three solar eclipses for which he did not perform ṣalāt al-āyāt - or they have become obligatory due to different phenomena - for example, a solar eclipse, a lunar eclipse, and an earthquake - then, when one makes them up, it is not necessary for him to specify the phenomenon for which he is performing the prayer.
Ruling 1473. When a phenomenon occurs for which ṣalāt al-āyāt is obligatory, only the people of the area in which the phenomenon occurred must perform ṣalāt al-āyāt. It is not obligatory on people in other areas.
Ruling 1474. e time for performing ṣalāt al-āyāt for a solar or lunar eclipse commences from the moment the eclipse begins, and it continues until the sun or the moon goes back to its normal state (although it is beer not to delay the prayer until the eclipse starts to reverse). However, completing ṣalāt al-āyāt can be delayed until aer the eclipse is over.64
Ruling 1475. If a person delays performing ṣalāt al-āyāt until the eclipse begins to reverse, there is no problem if he performs it with the intention of adāʾ. However, once the eclipse is over, the prayer becomes qaḍāʾ.
Ruling 1476. If an eclipse lasts long enough for one rakʿah or less to be performed, one must perform the prayer with the intention of adāʾ. e same applies if the eclipse lasts for a longer time. And if one does not perform the prayer until the time remaining is enough 64 is means that although a person must start performing ṣalāt al-āyāt during the eclipse, he can continue performing it while the eclipse continues and need not finish it before the eclipse is over. 364 to perform only one rakʿah or less, ṣalāt al-āyāt is still obligatory and [must also be performed with the intention o] adāʾ.
Ruling 1477. When thunder, lightning, and other similar natural phenomena occur, if one wants to [perform ṣalāt al-āyāt] as a precautionary measure and if these phenomena last a long time, it is not necessary for him to perform the prayer immediately. In other cases, such as an earthquake, one must perform it immediately in a way that people would not consider it as being delayed; and if he does delay it, the recommended precaution is that he should perform it later without making an intention of adāʾ or qaḍāʾ.
Ruling 1478. If a person does not know about the occurrence of an eclipse and aer the eclipse is over he realises that there was a total eclipse, he must make up the ṣalāt al-āyāt. However, if he realises that it was a partial eclipse, then making it up is not obligatory on him.
Ruling 1479. If a group of people say that an eclipse has occurred, in the event that one does not personally aain certainty or confidence [that an eclipse has occurred] and does not perform ṣalāt al-āyāt, and later he realises that they were right, then in case it was a total eclipse, he must perform ṣalāt al-āyāt. However, if it was a partial eclipse, it is not obligatory on him to perform ṣalāt al-āyāt. e same applies if two people about whom one does not know whether they are just or not say that an eclipse has occurred, and later he realises that they were just.
Ruling 1480. If a person aains confidence that an eclipse has occurred based on the statement of persons who know the time of eclipses by means of scientific principles, he must perform ṣalāt al-āyāt. Furthermore, if they say the eclipse will take place at such and such a time and that it will last for such and such a duration and one aains confidence in what they say, he must act according to what they say.
365 Ruling 1481. If a person realises that the ṣalāt al-āyāt he performed for a solar or lunar eclipse was invalid, he must perform it again; and if the time for it has passed, he must make it up.
Ruling 1482. If ṣalāt al-āyāt becomes obligatory on someone during the time of a daily prayer, in the event that there is enough time for him to perform both of them, it is not a problem which- ever one he performs first. However, if the time for performing one of them is short, then he must perform that one first; and if the time for both of them is short, he must perform the daily prayer first.
Ruling 1483. If while performing the daily prayer one realises that the time for performing ṣalāt al-āyāt is short, in the event that the time for performing the daily prayer is also short, he must complete it and then perform ṣalāt al-āyāt. If the time for the daily prayer is not short, he must break his prayer and first perform ṣalāt al-āyāt and then perform the daily prayer.
Ruling 1484. If while performing ṣalāt al-āyāt one realises that the time for performing the daily prayer is short, he must abandon ṣalāt al-āyāt and start performing the daily prayer; and aer completing the prayer but before doing something that invalidates prayers, he must continue performing the rest of ṣalāt al-āyāt from the point he had abandoned it.
Ruling 1485. If a woman is in the state of ḥayḍ or niās and an eclipse or earthquake occurs, it is not obligatory on her to perform ṣalāt al-āyāt and nor does she have to make it up.
METHOD OF PERFORMING ṢALĀT AL-ĀYĀT
Ruling 1486. Ṣalāt al-āyāt consists of two rakʿahs, and in each rakʿah there are five rukūʿs. e method of performing the prayer is as follows: aer one has made the intention [of performing the prayer], he says takbīr, recites one Surat al-Ḥamd and one other complete surah, goes into rukūʿ, and then raises his head from rukūʿ; then, he again recites one Surat al-Ḥamd and one other 366 complete surah, goes into rukūʿ again, and so on until he has done this a total of five times. Aer geing up from the fih rukūʿ, he performs two sajdahs, stands up, and proceeds to perform the second rakʿah in the same way as the first; he then says tashahhud and the salām of the prayer.
Ruling 1487. [A shorter method of performing ṣalāt al-āyāt is as follows:] aer one has made the intention [of performing the prayer], he says takbīr and recites Surat al-Ḥamd; then, he can divide the verses of the other surah into five parts and recite one verse or more, or even less, provided that - based on obligatory precaution - it is a complete sentence. He must start from the beginning of the surah and must not suffice with reciting bismillāh [on its own and count that as one verse]. en, he goes into rukūʿ, raises his head, and without reciting Surat al-Ḥamd he recites the second part of the other surah. He then goes into rukūʿ again, and so on until he completes the other surah before he goes into the fih rukūʿ. For example, if the other surah is Surat al-Falaq,65 he first says: َّ ْ ٰ َّ ُ ْ َ ُ ُ َ ّ ْ َ َ ِۢ ِاﷲ اﻟﺮﻤﺣ ِﻦ اﻟﺮ ِﺣ ِﻴﻢ. ﻗﻞ أﻋﻮذ ﺑِﺮ ِب اﻟﻔﻠ ِﻖ bismil lāhir raḥmānir raḥīm. qul aʿūdhu birabbil falaq. In the Name of Allah, the All-beneficent, the All-merciful. Say, ‘I seek the protection of the Lord of the daybreak.
…and goes into rukūʿ [for the first time]; he then stands up and says: ْ َ ّ َ َ َ َ ِﻣﻦ ِﺮﺷ ﻣﺎ ﺧﻠﻖ min sharri mā khalaq from the evil of what He has created,
…and goes into rukūʿ again [for the second time]; he then stands up and says: َ ْ َ ّ َ َ َ َ َ و ِﻣﻦ ِﺮﺷ ﺬﻟ ِﺳ ٍﻖ إِذا وﻗﺐ wa min sharri ghāsiqin idhā waqab and from the evil of the dark night when it seles, 65 Chapter 113 of the r’an. 367 …and goes into rukūʿ again [for the third time]; he then stands up and says: َ ْ َ ّ َّ َّ َ ْ ُ َ و ِﻣﻦ ِﺮﺷ اﺠﻔﺎﺛ ِﺎت ِﻲﻓ اﻟﻌﻘ ِﺪ wa min sharrin nafāthāti fil ʿuqad and from the evil of the witches who blow on knots,
…and goes into rukūʿ again [for the fourth time]; he then stands up and says: َ ْ َ ّ َ َ َ َ َ و ِﻣﻦ ِﺮﺷ ﺣ ِﺎﺳ ٍﺪ إِذا ﺣﺴﺪ wa min sharri ḥāsidin idhā ḥasad and from the evil of the envious one when he envies.’
…and goes into rukūʿ for the fih time. He then stands up, performs two sajdahs, and then proceeds to perform the second rakʿah in the same way as the first. And aer the second sajdah [of the second rakʿah], he says tashahhud and the salām of the prayer. Furthermore, it is permied for one to divide the surah into less than five parts, but whenever he completes the surah, it is necessary that he recites Surat al-Ḥamd before performing the next rukūʿ.
Ruling 1488. ere is no problem if a person recites Surat al-Ḥamd and the other surah five times in one rakʿah of ṣalāt al-āyāt, and in the other rakʿah he recites one Surat al-Ḥamd and divides the other surah into five parts.
Ruling 1489. ose things that are obligatory and recommended in the daily prayers are also obligatory and recommended in ṣalāt al-āyāt. However, if ṣalāt al-āyāt is performed in congregation, one can say ‘aṣṣalah’ three times instead of adhān and iqāmah with the intention of rajāʾ; this does not apply if the prayer is not performed in congregation. e legality of performing ṣalāt al-āyāt in congregation for phenomena other than solar and lunar eclipses is not established [i.e. it must not be performed in congregation for other than these phenomena].
368 Ruling 1490. It is recommended that one says takbīr before and aer rukūʿ, but saying takbīr aer the fih and the tenth rukūʿ is not recommended; rather, it is recommended that one says ‘samiʿal lāhu liman ḥamidah’.66
Ruling 1491. It is recommended that one performs qunūt before the second, fourth, sixth, eighth, and tenth rukūʿ; and if one performs qunūt aer only the tenth rukūʿ, it is sufficient.
Ruling 1492. If in ṣalāt al-āyāt one doubts how many rakʿahs he has performed, and having thought about it he does not find an answer, his prayer is invalid.
Ruling 1493. If a person doubts whether he is in the last rukūʿ of the first rakʿah or the first rukūʿ of the second rakʿah, and having thought about it he does not find an answer, his prayer is invalid. However, if, for example, he doubts whether he has performed four or five rukūʿs, in the event that his doubt arises before he bends down for sajdah, he must perform the rukūʿ about which he doubts. However, if he has already bent down for sajdah, he must dismiss his doubt.
Ruling 1494. Every rukūʿ of ṣalāt al-āyāt is a rukn; therefore, if a rukūʿ is intentionally omied or added, the prayer is invalid. e same applies if a rukūʿ is mistakenly omied, or, based on obligatory precaution, if it is mistakenly added.
THE EID AL-FIṬR67 & EID AL-AḌḤĀ68 PRAYERS
Ruling 1495. e Eid al-Fiṭr and Eid al-Aḍḥā prayer is obligatory during the presence of the Imam (ʿA) and must be performed in congregation. In our time, when the Imam (ʿA) is in occultation, the prayer is recommended and it can be performed in congregation or on one’s own. 66 For the translation of this phrase, see the third section of ‘Translation of prayers’ aer Ruling 1107. 67 e 1st of Shawwāl. 68 e 10th of Dhū al-Ḥijjah. 369 Ruling 1496. e time for the Eid al-Fiṭr and Eid al-Aḍḥā prayer is from sunrise to the time of ẓuhr prayers on the day of Eid.
Ruling 1497. It is recommended that one performs the Eid al-Aḍḥā prayer aer sunrise. On the day of Eid al-Fiṭr, it is recommended that aer sunrise one eats something, pays the fiṭrah alms tax (zakāt al-fiṭrah),69 and then performs Eid prayers.
Ruling 1498. e Eid al-Fiṭr and Eid al-Aḍḥā prayer consists of two rakʿahs, and in each rakʿah aer reciting Surat al-Ḥamd and the other surah, one says three takbīrs, although it is beer that he says five takbīrs in the first rakʿah. Between every two takbīr he should perform one qunūt; and aer the fih takbīr he should say another takbīr, go into rukūʿ, perform two sajdahs, and stand up. In the second rakʿah, he should say four takbīrs, and between every two takbīrs he should perform one qunūt; and aer the fourth takbīr he should say another takbīr, go into rukūʿ, perform two sajdahs, say tashahhud and the salām of the prayer.
Ruling 1499. In the qunūt of the Eid al-Fiṭr and Eid al-Aḍḥā prayer, it is sufficient for one to recite any duʿāʾ or say any dhikr. However, it is beer that one recites this duʿāʾ: َ ْ َ ْ ْ َ َ ْ َ َ َ َ َ ْ َ ْ َ ْ َ ُ َ ْ َ ْ َ ْ َ َّ ْ َ َ ْ َ َّ ْ َ َ اﻢﻬﻠﻟ أﻫﻞ اﻟ ِﻜﺮﺒﻳ ِﺎء و اﻟﻌﻈﻤ ِﺔ، و أﻫﻞ اﺠﻟُ ِﻮد و اﺠﻟَﺮﺒ ِوت، و أﻫﻞ اﻟﻌﻔﻮ و اﻟﺮﻤﺣ ِﺔ، و أﻫﻞ اﺤﻛﻘﻮ ٰى و َ ِ ِ ْ َ ْ َ ْ ُ َ َ ّ ٰ َ ْ َ ْ َ َّ َ َ ْ َ ُ ْ ُ ْ َ ً َ ُ َ َّ َ َّ ُ َ َ ْ َ اﻟﻤﻐ ِﻔﺮ ِة، أﺳﺄﻟﻚ ِﺤﺑ ِﻖ ﻫﺬا ا ﻮ ِم، ا ِ ي ﺟﻌﻠﺘﻪ ﻟِﻠﻤﺴ ِﻠ ِﻤﻦﻴ ِﻗﻴﺪا، و ﻟِﻤﺤﻤ ٍﺪ ﺻﻰﻠ اﷲ ﻋﻠﻴ ِﻪ و ِآ َ َ َّ َ ُ ْ ً َّ َ َ ً َّ َ َ َ ً َّ َ ً ْ ُ َ ّ َ َ ُ َ َّ َّ ُ َ َّ َ ْ ُ ْ َ ُ ّ و ﺳﻠﻢ ذﺧﺮا و ﺮﺷﻓﺎ و ﻛﺮاﻣﺔ و ﻣ ِﺰﻳﺪا، أن ﺗﺼ ِﻠﻲ ٰﺒﻟ ﺤﻣﻤ ٍﺪ و ِآل ﺤﻣﻤ ٍﺪ، و أن ﺗﺪ ِﺧﻠ ِﻲﻨ ِﻲﻓ ِﻞﻛ َ ْ َ ْ َ ْ َ ْ ُ َ َّ ً َ ُ َ َّ ْ ُ ْ َ ْ ُ ّ ُ َ ْ ْ َ ْ ُ ُ َ َّ ً َ ُ َ َّ ﺧﺮﻴ أدﺧﻠﺖ ِﻓﻴ ِﻪ ﺤﻣﻤﺪا َّو آل ﺤﻣﻤ ٍﺪ، َو أن ﺨﺗﺮﺟﻲﻨ ِﻣﻦ ﻞﻛ ﺳ ٍﻮء أﺧ َﺮﺟﺖ ِﻣﻨﻪ ﺤﻣﻤﺪا َوآل ﺤﻣﻤ ٍﺪ ٍ َ َ ِ ِ َ ِ َ َ َ َ ُ َ َ َ ْ َ َ َ ْ ْ ّ ْ ُ َ َ ْ َ َ َ َ َ َ ُ َ َّ ُ َ َ ُ ُ َ َّ ﺻﻠﻮاﺗﻚ ﻋﻠﻴ ِﻪ و ﻋﻠﻴ ِﻬﻢ، اﻢﻬﻠﻟ ِإ أﺳﺄﻟﻚ ﺧﺮﻴ ﻣﺎ ﺳﺄﻟﻚ ﺑِ ِﻪ ِﻋﺒﺎدك اﻟﺼ ِﺎﺤﻟﻮن، و أﻋﻮذ ﺑِﻚ ِﻣﻤﺎ ْ َ َ َ ْ ُ َ ُ َ ْ ُ ْ َ ُ َ اﺳﺘﻌﺎذ ِﻣﻨﻪ ِﻋﺒﺎدك اﻟﻤﺨﻠﺼﻮن. allāhumma ahlal kibriyāʾi wal aẓamah, wa ahlal jūdi wal jabarūt, wa ahlal ʿafwi war raḥmah, wa ahlat taqwā wal maghfirah, asʾaluka biḥaqqi hādhal yawm, alladhī jaʿaltahu lil-muslimīna ʿīdā, wa limuḥammadin ṣallallāhu ʿalayhi wa sallama dhukhraw wa sharafaw wa karāmataw wa mazīdā, an tuṣalliya ʿalā muḥammadiw wa āli muḥammad, wa an tudkhilanī ī kulli 69 e laws relating to this tax are stated in Ruling 2003 and onwards. 370 khayrin adkhalta īhi muḥammadan wa āla muḥammad, wa an tukhrijanī min kulli sūʾin akhrajta minhu muḥammadaw wa āla muḥammad, ṣalawātuka ʿalayhi wa ʿalayhim, allāhumma innī asʾaluka khayra mā saʾalaka bihi ʿibādukaṣ ṣāliḥūn, wa aʿūdhu bika mimmas taʿādha minhu ʿibādukal mukhlaṣūn O Allah! Worthy of supremacy and greatness, and worthy of magnanimity and omnipotence, and worthy to pardon and to show mercy, and worthy of being wary of and to forgive: I beseech You by the right of this day - which You have appointed to be an Eid for the Muslims and to be [a source for] accumulating [Your blessings], and [a source o] honour, nobility, and increase [in Your blessings] for Muḥammad, may Allah shower His blessings upon and extend His salutations to him and his progeny - that You bless Muḥammad and the progeny of Muḥammad, and that You place me in every goodness in which You placed Muḥammad and the progeny of Muḥammad, and that You remove me from every evil from which You removed Muḥammad and the progeny of Muḥammad, may Your blessings be upon him and upon them. O Allah! I indeed beseech You for the good for which Your righteous servants have beseeched You, and I seek protection in You from all that for which Your purified servants have sought Your protection.
Ruling 1500. During the period of occultation of the Imam (ʿA), if the Eid al-Fiṭr and Eid al-Aḍḥā prayer is performed in congregation, the obligatory precaution is that two sermons must be delivered aer the prayer. And it is beer that in the sermon of Eid al-Fiṭr the laws of zakat of fiṭr be mentioned, and in the sermon of Eid al-Aḍḥā the laws of sacrificing animals be mentioned.
Ruling 1501. e Eid prayer does not have a specified surah [to be recited], but it is beer that in the first rakʿah Surat al-Shams (the ninety-first chapter) be recited, and in the second rakʿah Surat al-Ghāshiyah (the eighty-eighth chapter) be recited; or, in the first rakʿah Surah al-Aʿlā (the eighty-seventh chapter) be recited, and in the second rakʿah Surat al-Shams be recited.
Ruling 1502. It is recommended that Eid prayers be performed
371 in the desert [or in open fields etc.]. However, in Mecca it is recommended that they be performed in Masjid al-Ḥarām.
Ruling 1503. It is recommended to walk barefooted and in a dignified manner to Eid prayers, and to perform ghusl before the prayer, and to place a white turban (ʿammāmah) on one’s head.
Ruling 1504. It is recommended in Eid prayers to perform sajdah on earth, to raise one’s hands when saying the takbīrs, and to recite Surat al-Ḥamd and the other surah aloud, whether one is the imam of the congregation or one is performing the prayer on his own.
Ruling 1505. Aer maghrib and ʿishāʾ prayers on the evening of Eid al-Fiṭr, and aer ṣubḥ prayers, and aer the Eid al-Fiṭr prayer, it is recommended that one says these takbīrs: ُ ْ َ ُ ُ ْ َ ُ َ ٰ َ َّ ُ ُ ْ َ ُ ُ ْ َ ُ ْ ْ ُ ُ ْ َ ُ َ َ َ َ َ اﷲ أﻛﺮﺒ، اﷲ أﻛﺮﺒ، ﻻ إﻟﻪ إﻻ اﷲ َو اﷲ أﻛﺮﺒ، اﷲ أﻛﺮﺒ َو ِ ِﷲ اﺤﻟَﻤﺪ، اﷲ أﻛﺮﺒ ٰﺒﻟ ﻣﺎ ﻫﺪاﻧﺎ allāhu akbar, allāhu akbar, lā ilāha illal lāhu wal lāhu akbar, allāhu akbar wa lillāhil ḥamd, allāhu akbar ʿalā mā hadānā Allah is greater;70 Allah is greater; there is no god but Allah and Allah is greater; Allah is greater and all praise is for Allah; Allah is greater for having guided us.
Ruling 1506. It is recommended that on Eid al-Aḍḥā aer ten [consecutive] prayers - the first of which being the ẓuhr prayer on the day of Eid and the last one being the ṣubḥ prayer on the twelh day [of Dhū al-Ḥijjah] - a person says the takbīrs that were mentioned in the previous ruling, and that aer each one he says: ُ ْ َ ُ َ َ َ َ َ َ َ َ ْ ْ َ َ َْ ْ ُ َ َ ْ َ َ اﷲ أﻛﺮﺒ ٰﺒﻟ ﻣﺎ رزﻗﻨﺎ ِم ۢن ﺑ ِﻬﻴﻤ ِﺔ اﻷﻏﻌ ِﺎم، و اﺤﻟﻤﺪ ِ ِﷲ ٰﺒﻟ ﻣﺎ أﺑﻼﻧﺎ allāhu akbaru ʿalā mā razaqanā mim bahīmatil anʿām, wal ḥamdu lillāhi ʿalā mā ablānā Allah is greater for having sustained us with [the produce o] cale livestock, and all praise is for Allah for having tested us.
However, if one is in Mina on Eid al-Aḍḥā, it is recommended that 70 As mentioned in the section on adhan, the complete meaning of this statement is ‘Allah is greater than what He is described as’. 372 one says these takbīrs aer fieen [consecutive] prayers, the first of which being the ẓuhr prayer on the day of Eid and the last one being the ṣubḥ prayer on the thirteenth day of Dhū al-Ḥijjah.
Ruling 1507. e recommended precaution is that women should avoid going to Eid prayers; however, this precaution does not apply to elderly women.
Ruling 1508. In Eid prayers, just like in other prayers, the follower must say everything except the recitation of Surat al-Ḥamd and the other surah.
Ruling 1509. If a follower joins [the Eid prayer] when the imam has already said some of the takbīrs, then aer the imam goes into rukūʿ, he must say all the takbīrs and perform all the qunūts that he missed and then perform rukūʿ; and it is sufficient that in every qunūt he says ‘subḥānal lāhi wal ḥamdu lillāh’. If there is not enough time, he must only say the takbīrs. And if there is not even enough time to perform the takbīrs, it is sufficient that he follows the imam and goes into rukūʿ.
Ruling 1510. If a person joins the Eid prayer when the imam is in rukūʿ, he can make the intention [of performing the prayer] and say the first takbīr of the prayer and then go into rukūʿ.
Ruling 1511. If a person forgets a sajdah in the Eid prayer, it is necessary that he performs it aer the prayer. Similarly, if something happens [in the Eid prayer] that would necessitate sajdat al-sahw to be performed were it to happen in a daily prayer, then it is necessary to perform two sajdat al-sahws for it.
HIRING SOMEONE TO PERFORM PRAYERS71
Ruling 1512. Aer someone has died, a person can be hired - i.e. he can be paid - to perform the prayers and other acts of worship that
71 e laws stated in this section are sometimes discussed under the heading ‘niyābah’, i.e. doing something on behalf of someone else. 373 the deceased did not perform during his lifetime. And if someone performs them without geing paid, this is also valid.
Ruling 1513. A person can be hired to perform certain recommended acts - such as hajj, ʿumrah, ziyārah of the grave of Prophet Muhammad (Ṣ) and the Imams (ʿA) - on behalf of someone else. A person can also be hired to perform recommended acts and dedicate their reward to living or deceased persons.
Ruling 1514. A person who is hired to perform the qaḍāʾ prayers of a deceased person must either be a mujtahid,72 or he must perform prayers according to the fatwa of someone whom it is valid to follow [i.e. do taqlīd],73 or he must act on precaution if he fully knows about the situations in which one can exercise precaution.
Ruling 1515. A person who is hired must specify the deceased at the time of making the intention, but it is not necessary that he knows his name. erefore, if he makes the intention that ‘I am performing prayers on behalf of the person I am hired for’, it is sufficient.
Ruling 1516. A person who is hired must perform the act with the intention of discharging the obligation that is on the deceased. erefore, it is not sufficient if he simply performs an act and dedicates the reward of it to him.
Ruling 1517. A person who hires someone must be confident that he will perform the act, and he must deem it probable that he will perform it correctly.
Ruling 1518. If someone realises that the person whom he hired to perform the prayers of a deceased person has not performed them, or that he has performed them incorrectly, he must hire someone again. 72 A mujtahid is a person who has aained the level of ijtihād, qualifying him to be an authority in Islamic law. Ijtihād is the process of deriving Islamic laws from authentic sources. 73 e laws of taqlīd are mentioned in the first chapter of the present work. 374 Ruling 1519. If someone doubts whether or not the hired person has performed the act - even if the hired person says ‘I have performed it’ but he is not confident in the statement being true - then based on obligatory precaution, he must hire someone again. However, if he doubts whether or not he performed the act correctly, he can assume it was performed correctly.
Ruling 1520. Based on obligatory precaution, a person who has a legitimate excuse [for performing prayers in a certain way] - for example, he performs prayers with tayammum or in a siing position - cannot be hired in any case to perform the prayers of a deceased person, even if the prayers of the deceased became qaḍāʾ in the same way. However, hiring someone who performs prayers with jabīrah wuḍūʾ or with jabīrah ghusl is not a problem, and the same applies to hiring someone whose hands or feet have been amputated, although to suffice with the acts he performs on behalf of the person is problematic [i.e. based on obligatory precaution, one must not suffice with the acts he performs].
Ruling 1521. A man can be hired for a woman and a woman for a man. As for performing prayers aloud or in a whisper, the hired person must act according to his or her own duty.74
Ruling 1522. It is not necessary to perform the qaḍāʾ prayers of a deceased person in the order they became qaḍāʾ except for the prayers that must be performed in a particular order when they are performed within their prescribed time, such as ẓuhr and ʿaṣr prayers, or maghrib and ʿishāʾ prayers, of the same day, as was mentioned previously. However, if someone is hired to act according to the fatwa of the deceased’s marjāʿ75 or according to the marjāʿ of the deceased’s guardian [walī],76 and that marjāʿ
74 erefore, if, for example, a man has been hired to perform the qaḍāʾ ṣubḥ prayers of a deceased woman, he must recite Surat al-Ḥamd and the other surah aloud. See Ruling 978. 75 at is, a jurist who has the necessary qualifications to be followed in maers of Islamic jurisprudence. 76 is scenario could arise when, for example, the walī is the eldest son of the deceased and it is obligatory on him to perform the qaḍāʾ prayers of his late father. 375 considers it necessary to observe the order, then one must observe the order.
Ruling 1523. If someone makes a condition with the hired person to perform an act in a particular manner, he must do so unless he is certain that the particular manner will invalidate the act. If such a condition is not made with him, he must perform the act according to his own duty. And the recommended precaution is that if there is a difference between his duty and that of the deceased’s, he should act according to the duty that is more precautionary; for example, if the duty of the deceased was to say al-tasbīḥāt al-arbaʿah three times and his duty is to say it once, then he should say it three times.
Ruling 1524. If a condition has not been made with a hired person as to how many recommended acts must be performed, he must perform prayers with a normal amount of recommended acts.
Ruling 1525. If someone hires a number of people to perform the qaḍāʾ prayers of a deceased person, then, as per Ruling 1522, it is not necessary to specify a time for each of them.
Ruling 1526. If a person is hired to, for example, perform the prayers of a deceased person within the period of one year, and if he dies before the end of one year, then another person must be hired to perform the prayers that are known not to have been performed [by the previous hired person]. And if it is deemed probable that the hired person did not perform them, then based on obligatory precaution, another person must still be hired.
Ruling 1527. If someone who is hired to perform the prayers of a deceased person dies before completing the prayers, and if he had taken wages for all of them, in the event that it was a condition that he would perform all the prayers himself, the person who hired him can take back the money for the prayers that were not performed, or he can cancel the contract and pay at the commonly accepted rate for the prayers that have been
376 performed. However, if it was not a condition that he would perform the prayers himself, then his heirs must hire someone from his estate; and if he does not have any estate, then nothing is obligatory on his heirs.
Ruling 1528. If someone who is hired dies before performing all the qaḍāʾ prayers of the deceased, and if he has qaḍāʾ prayers of his own, then, aer acting in accordance with the instructions mentioned in the previous ruling, if anything is le over from his estate and if he has made a will and his heirs give permission, then someone must be hired to perform all his prayers. However, if the heirs do not give permission, then the one-third of his estate77 must be used for [hiring someone to offer] his prayers.
77 is refers to the maximum amount of one’s estate over which he has discretion in a will for it to be disposed of in accordance with his wishes aer his death. 377
F (Ṣ) ‘Fasting’ means that one abstains from eight things - which will be mentioned later - from the start of the time of morning (ṣubḥ) prayers1 until the time of sunset (maghrib),2 in humility and obedience to the Lord of the worlds.
INTENTION (NIYYAH)
Ruling 1529. It is not necessary for one to make an intention in his heart to fast, or to say, for example, ‘I will fast tomorrow’; rather, it is sufficient for one to decide that in humility to the Lord of the worlds, from the start of the time of ṣubḥ prayers until the time of maghrib prayers, he will not do anything that invalidates a fast. In order to be certain (i.e. have yaqīn) that one has fasted throughout this time, he must begin abstaining from a short period before the time of ṣubḥ prayers, and he must also refrain from doing anything that invalidates the fast for a short period aer maghrib.
Ruling 1530. On every night of the month of Ramadan, one can make the intention to fast the next day.
Ruling 1531. e latest time available for a conscious person to make the intention to keep a fast of Ramadan is at the time of ṣubḥ prayers. is means that, based on obligatory precaution (al-iḥtiyāṭ al-wājib), at the time of ṣubḥ his abstinence [from the eight things that invalidate a fast] must coincide with his intention to fast, albeit subconsciously.
Ruling 1532. [With regard to a recommended (mustaḥabb) fast,] if a person has not done anything that invalidates a fast, then at whatever time of the day he makes the intention to keep a recommended fast - even if there is a short period of time until maghrib - his fast is valid (ṣaḥīḥ).
Ruling 1533. If someone goes to sleep before the time of ṣubḥ
1 In the original work, the term ‘morning call to prayer (adhān)’ is used, which practically speaking means the start of the time of the ṣubḥ prayer. e legal definition of ṣubḥ is stated in Ruling 728. 2 For the legal definition of maghrib see Ruling 722. 379 prayers in Ramadan - or on any day which he assigned for keeping an obligatory (wājib) fast - without making the intention to fast, and he wakes up before midday (ẓuhr)3 and makes the intention to fast, his fast is valid. However, if he wakes up aer ẓuhr, he must, as a precautionary measure, abstain [from the eight things that invalidate a fast] for the rest of the day with a general intention of aaining proximity to Allah (qaṣd al-qurbah al-muṭlaqah) [i.e. with the intention of aaining proximity to Allah without specifying any particulars about the fast], and he must also keep a qaḍāʾ fast for it [i.e. he must make up a fast for it aer Ramadan].
Ruling 1534. If someone wants to keep a qaḍāʾ fast or a fast for recompense (kafārah), he must specify it. For example, he must make the intention that ‘I am keeping a qaḍāʾ fast’, or ‘I am keeping a kafārah fast.’ However, in the month of Ramadan, it is not necessary for one to make the intention that ‘I am keeping a fast of the month of Ramadan.’ In fact, if someone does not know or forgets that it is the month of Ramadan and makes the intention to keep some other fast, it will be considered a fast of the month of Ramadan. Similarly, for a fast of a vow (nadhr) and suchlike, it is not necessary to make the intention of keeping a fast of a vow.
Ruling 1535. If someone knows that it is the month of Ramadan yet intentionally (ʿamdan) makes the intention to keep a fast other than that of Ramadan, the fast for which he made the intention will not be valid. Similarly, it will not be considered a fast of the month of Ramadan if that intention is something that is inconsistent with aaining proximity to Allah. In fact, even if it is not inconsistent with aaining proximity to Allah, based on obligatory precaution, it will not be considered a fast of the month of Ramadan.
Ruling 1536. If, for example, someone keeps a fast with the intention of the first day of the month of Ramadan and aerwards realises that it was the second or third of the month, his fast is valid.
3 For the legal definition of ẓuhr see Ruling 717. 380 Ruling 1537. If someone who makes the intention before the time of ṣubḥ prayers to fast the next day becomes unconscious, and during the day he regains consciousness, then based on obligatory precaution, he must complete the fast of that day; and if he does not complete it, he must keep a qaḍāʾ fast for it.
Ruling 1538. If someone makes an intention before the time of ṣubḥ prayers to fast the next day and becomes intoxicated, and during the day he becomes sober, then based on obligatory precaution, he must complete the fast of that day and also keep a qaḍāʾ fast for it.
Ruling 1539. If someone makes the intention before the time of ṣubḥ prayers to fast the next day, goes to sleep, and wakes up aer maghrib, his fast is valid.
Ruling 1540. If someone does not know or forgets that it is the month of Ramadan and becomes aware of this before ẓuhr, in the event that he has done something that invalidates a fast, his fast is invalid (bāṭil) and [he must act according to two instructions:] (1) for the rest of that day, he must not do anything else that invalidates a fast until maghrib, and (2) aer Ramadan, he must keep a qaḍāʾ fast for it. If someone becomes aware aer ẓuhr that it is the month of Ramadan, then based on obligatory precaution, he must fast with the intention of rajāʾ [i.e. with the intention of keeping the fast in the hope that it is desired by Allah]; and aer Ramadan, he must also keep a qaḍāʾ fast for it. However, if he becomes aware before ẓuhr and he has not done anything that invalidates a fast, he must make the intention of fasting and his fast is valid.
Ruling 1541. If a child reaches the age of legal responsibility (becomes bāligh) before the time of ṣubḥ prayers in the month of Ramadan, he must fast. And if a child becomes bāligh aer the time of ṣubḥ prayers, the fast of that day is not obligatory on him. However, if he had made the intention to keep a recommended fast, the recommended precaution (al-iḥtiyāṭ al-mustaḥabb) is that he should complete it.
381 Ruling 1542. If someone has been hired to keep the qaḍāʾ fasts of a dead person, or, if he has to keep a kafārah fast of his own, there is no problem in him keeping a recommended fast of his own. However, if someone has to keep his own qaḍāʾ fasts of the month Ramadan, he cannot keep a recommended fast [until he has kept his own qaḍāʾ fasts]; and in the event that he forgets and keeps a recommended fast and he remembers this before ẓuhr, his recommended fast is annulled and he can change his intention to an intention of keeping a qaḍāʾ fast. However, if he becomes aware aer ẓuhr, then based on obligatory precaution, his fast is invalid, but if he remembers aer maghrib, his fast is valid.
Ruling 1543. If it is obligatory on a person to keep an assigned [i.e. time-specific] fast other than the fast of the month of Ramadan - for example, he had made a vow that he would fast on a particular day - in the event that he intentionally does not make the intention to keep that fast until the time of ṣubḥ prayers, his fast is invalid. However, if he does not know that it is obligatory on him to fast on that day, or he forgets and remembers before ẓuhr, in the event that he has not done anything that invalidates a fast and consequently makes the intention to fast, his fast will be valid. However, if he remembers aer ẓuhr, he must exercise the obligatory precautionary measure that was mentioned concerning the fast of Ramadan [in Ruling 1533, which stated that he must abstain for the rest of the day from the eight things that invalidate a fast with a general intention of aaining proximity to Allah, and that he must also keep a qaḍāʾ fast for it].
Ruling 1544. ere is no problem if someone intentionally does not make the intention to fast until near ẓuhr for an obligatory fast that has not been assigned for a particular day, such as a fast for kafārah. If a person decides not to fast or is indecisive as to whether he should fast or not, in the event that he has not done anything that invalidates a fast, he can make the intention before ẓuhr to fast and his fast will be valid.
Ruling 1545. If a disbeliever (kāfir) becomes a Muslim during
382 the daytime in the month of Ramadan, and from the time of ṣubḥ prayers until the time he became a Muslim he did not do anything that invalidates a fast, then based on obligatory precaution, he must abstain [from the eight things that invalidate a fast] until the end of the day with the intention to fulfil whatever his legal obligation happens to be (mā ī al-dhimmah); and if he does not do this, he must keep a qaḍāʾ fast for it.
Ruling 1546. If in the middle of a day in the month of Ramadan a sick person gets well before ẓuhr and until that time he did not do anything that invalidates a fast, then based on obligatory precaution, he must make the intention to fast and keep the fast on that day; and in the event that he gets beer aer ẓuhr, it is not obligatory on him to fast on that day but he must keep a qaḍāʾ fast for it.
Ruling 1547. If someone doubts (i.e. has a shakk) whether it is the last day of Shaʿbān or the first day of Ramadan, it is not obligatory on him to fast on that day; and if he wants to fast on that day, he cannot do so with the intention of keeping the fast of Ramadan. However, if he makes the intention that if it is Ramadan then he is keeping the fast of Ramadan, and if it is not Ramadan then he is keeping a qaḍāʾ fast or another legitimate fast [including a recommended fast], the validity of the fast is not farfetched (baʿīd)4 [i.e. the fast will be deemed valid]. In this situation, it is beer that he fasts with the intention of keeping a qaḍāʾ fast or another legitimate fast, and in the event that aerwards it becomes known that it was the first day of Ramadan, it will be counted as the fast of Ramadan. Furthermore, if a person makes the intention of fasting in general [i.e. with the intention of aaining proximity to Allah without specifying any particulars about the fast] and aerwards it becomes known that it was Ramadan, it is also sufficient.5
Ruling 1548. If there is doubt as to whether it is the last day of 4 For practical purposes, a legal opinion that is termed ‘not farfetched’ equates to a fatwa. 5 is ruling and the next concern a maer that is referred to as ‘yawm al- shakk’ (day of doubt). 383 Shaʿbān or the first day of Ramadan and someone keeps a fast with the intention of a qaḍāʾ fast or a recommended fast or suchlike, and if during the day he finds out that it is the month of Ramadan, he must make the intention of the fast of the month of Ramadan [and continue fasting].
Ruling 1549. If someone [having no legitimate excuse (ʿudhr)] is indecisive as to whether or not to invalidate an assigned [i.e. time-specific] obligatory fast - such as the fast of Ramadan - or decides to invalidate his fast [but does not do anything to break his fast] and he does not make the intention to fast again, his fast becomes invalid; and if he does make the intention to fast again, the obligatory precaution is that he must complete the fast of that day and aerwards keep a qaḍāʾ fast for it.
Ruling 1550. With regard to a recommended fast or an obligatory fast that does not have an assigned time - such as a fast for kafārah - if someone decides to do something that invalidates a fast or is indecisive as to whether or not to invalidate it, then, in the event that he does not do so and makes the intention to fast again before ẓuhr in the case of an obligatory fast, and before sunset in the case of a recommended fast, his fast is valid.
THINGS THAT INVALIDATE A FAST
Ruling 1551. Eight things invalidate a fast:
1. eating and drinking; 2. sexual intercourse; 3. masturbation, meaning that a man - either with himself or by means of something - does something other than having sexual intercourse that results in ejaculation. How this applies to a woman was explained in Ruling 345; 4. based on obligatory precaution, ascribing false things to Allah, Prophet Muḥammad (Ṣ), and the successors of Prophet Muḥammad (Ṣ) [i.e. the Twelve Imams (ʿA)]; 5. causing thick dust to reach the throat, based on obligatory precaution; 384 6. remaining in a state of ritual impurity (janābah), menstruation (ḥayḍ), or lochia (niās) until the time of ṣubḥ prayers; 7. applying liquid enema; 8. vomiting intentionally.
e laws (aḥkām) relating to these will be explained in the following rulings (masāʾil).
1. Eating and drinking
Ruling 1552. If a fasting person who is aware of the fact that he is fasting intentionally eats or drinks something, his fast becomes invalid, irrespective of whether the thing he ate or drank was something normal - such as bread and water - or not - such as earth and the sap of a tree - and irrespective of whether it was a lile or a lot. In fact, even if one takes a toothbrush out of his mouth and then puts it back into his mouth and swallows the moisture, his fast becomes invalid unless the moisture of the toothbrush becomes obliterated in his saliva in a way that it can no longer be regarded as external moisture.
Ruling 1553. If someone realises while eating that it has become ṣubḥ, he must take the food out from his mouth; and in the event that he intentionally swallows it, his fast is invalid; and in accordance with the rules that will be mentioned later, kafārah also becomes obligatory on him.
Ruling 1554. If a fasting person eats or drinks something inadvertently (sahwan), his fast does not become invalid.
Ruling 1555. Injections and intravenous drips do not invalidate a fast even if the former is an energy injection and the laer a glucose-saline drip. Similarly, a spray that is used for asthma does not invalidate a fast provided that the medicine only enters the lungs; and applying medicine [such as drops] to the eyes and ears does not invalidate a fast either, even if its taste reaches the throat.
385 Likewise, if medicine is applied in the nose, it does not invalidate a fast as long as it does not reach the throat.
Ruling 1556. If a fasting person intentionally swallows something that has remained in-between his teeth, his fast becomes invalid.
Ruling 1557. If someone wishes to keep a fast, it is not necessary for him to use a toothpick before the time of ṣubḥ prayers. However, if one knows that some food that has remained in-between his teeth will be swallowed during the day, he must use a toothpick to remove it.
Ruling 1558. Swallowing saliva does not invalidate a fast even though it may have collected in one’s mouth as a result of thinking about food and suchlike.
Ruling 1559. ere is no problem in swallowing the mucus of the head and chest as long as it has not entered the cavity of the mouth. However, if it has entered the cavity of the mouth, the recommended precaution is that one should not swallow it.
Ruling 1560. If a fasting person becomes so thirsty that he fears he may die of thirst, sustain some harm, or fall into hardship that he cannot bear, he can drink water to the extent that his fear of these things is averted; but in this case, his fast becomes invalid. In fact, in the case of fear of death and suchlike, it is obligatory on one to drink. And if it is the month of Ramadan, then based on obligatory precaution, the person must not drink an amount that is more than necessary, and for the rest of the day he must refrain from doing anything else that invalidates a fast.
Ruling 1561. Chewing food for feeding a child or a bird, and tasting food [for example, to check that the right amount of salt has been added] and suchlike - which usually does not cause the food to reach the throat - does not invalidate a fast even if the food happens to reach the throat accidentally. However, if one knows from the outset that such food will reach the throat, his fast
386 becomes invalid and he must keep a qaḍāʾ fast for it and kafārah is also obligatory on him.
Ruling 1562. One cannot break his fast on account of feeling weak. However, if one’s weakness is to such an extent that normally it could not be endured, there is no problem in breaking the fast.
2. Sexual intercourse
Ruling 1563. Sexual intercourse invalidates a fast even if penetration is as lile as the circumcised part of the penis, and even if there is no ejaculation.
Ruling 1564. If penetration is less than the circumcised part of the penis and there is no ejaculation, the fast does not become invalid. However, for a man who has not been circumcised, any amount of penetration - even if it is less than the circumcised part of the penis - invalidates his fast.
Ruling 1565. If someone intentionally decides to have sexual intercourse and then doubts whether or not there was penetration up to the circumcised part of the penis, the rule (ḥukm) concerning this maer can be found in Ruling 1549; and if he has not done anything that invalidates a fast, kafārah is not obligatory on him.
Ruling 1566. If someone forgets that he is fasting and has sexual intercourse, or, if someone is forced to have sexual intercourse in a manner that it is not of his free will, his fast does not become invalid. However, in the event that during sexual intercourse he remembers [that he is fasting], or he is no longer forced to have sexual intercourse, he must immediately stop having sexual intercourse; and if he does not stop his fast is invalid.
3. Masturbation
Ruling 1567. If a fasting person masturbates (the meaning of masturbation was mentioned in Ruling 1551), his fast becomes invalid. 387 Ruling 1568. If a person ejaculates involuntarily, his fast does not become invalid.
Ruling 1569. Whenever a fasting person knows that if he goes to sleep during the day he will have a wet dream [become muḥtalim] - i.e. semen will be ejaculated in his sleep - it is permied (jāʾiz) for him to go to sleep even if he will not encounter difficulty by not sleeping; and if he has a wet dream, his fast does not become invalid.
Ruling 1570. If a fasting person wakes up from sleep while ejaculation is taking place, it is not obligatory on him to stop the ejaculation.
Ruling 1571. A fasting person who has a wet dream can urinate even if he knows that by urinating some of the remaining semen will come out of his penis.
Ruling 1572. If a fasting person who has a wet dream knows that some semen has remained in his penis, and he knows that if he does not urinate before performing ritual bathing (ghusl) semen will be discharged aer ghusl, then the recommended precaution is that he should urinate before performing ghusl.
Ruling 1573. If someone intentionally indulges in courtship with the intention of ejaculating but he does not ejaculate and does not make another intention to fast, his fast is invalid; and if he makes the intention to fast, then based on obligatory precaution, he must complete his fast and also keep a qaḍāʾ fast.
Ruling 1574. If, for example, a fasting person indulges in courtship with his wife without the intention of ejaculating, in the event that he is confident (i.e. he has iṭmiʾnān) that he will not ejaculate but does happen to ejaculate, his fast is valid. However, if he is not confident that he will not ejaculate and does ejaculate, his fast is invalid.
388 4. Ascribing something false to Allah, Prophet Muḥammad (Ṣ), and the Twelve Imams (ʿA)
Ruling 1575. If a fasting person intentionally ascribes something false to Allah, Prophet Muḥammad (Ṣ), or the Twelve Imams (ʿAA) - whether he does this verbally, in writing, or by making a sign and suchlike - and even if he immediately says ‘I have lied’ or he repents, then based on obligatory precaution, his fast is invalid. e same applies, based on recommended precaution, to ascribing something false to Her Eminence [Fāṭimah] al-Zahrāʾ (ʿAA) and to the other Prophets and their successors.
Ruling 1576. If someone wishes to report a narration about which he does not have any evidence as to its authenticity, and he does not know whether it is true or false, then based on obligatory precaution, he must report it in such a way that he does not directly aribute it to Prophet Muḥammad (Ṣ) or to the Imams (ʿAA).
Ruling 1577. If someone quotes something as the word of Allah, Prophet Muḥammad (Ṣ), [or the Twelve Imams (ʿAA)] with the belief that it is true, and aerwards he realises that it was false, his fast does not become invalid.
Ruling 1578. If someone ascribes to Allah, Prophet Muḥammad (Ṣ), [or the Twelve Imams (ʿAA)] something that he knows to be false, and aerwards he realises that what he said was true, and he knew that this act would invalidate his fast, he must, based on obligatory precaution, complete his fast and also keep a qaḍāʾ fast.
Ruling 1579. If someone intentionally ascribes to Allah, Prophet Muḥammad (Ṣ), or the Twelve Imams (ʿAA) something that has been fabricated by some other person, then as an obligatory precaution, his fast becomes invalid. However, if he simply narrates from the person who fabricated the falsehood without knowing it to be false, there is no problem [and his fast is valid].
Ruling 1580. If a fasting person is asked whether Prophet Muḥammad (Ṣ) [or Allah, or one of the Twelve Imams (ʿAA)] said
389 such and such thing and he intentionally replies ‘Yes’ when he should say ‘No’, or he intentionally replies ‘No’ when he should say ‘Yes’, then based on obligatory precaution, his fast becomes invalid.
Ruling 1581. If someone correctly quotes the words of Allah, Prophet Muḥammad (Ṣ), [or the Twelve Imams (ʿAA)] and then says ‘I lied’, or at night he ascribes something false to them and on the following day when he is fasting he says ‘What I said last night is true’, then based on obligatory precaution, his fast becomes invalid unless his intention is to explain the state of his information [i.e. he means to assert that it is true that he did actually say that last night, not that what he said is true].
5. Causing dust to reach the throat
Ruling 1582. On the basis of obligatory precaution, causing thick dust to reach one’s throat invalidates a fast, whether the dust is of something that is lawful (ḥalāl) to eat, such as flour, or it is of something that is unlawful (ḥarām) to eat, such as soil.
Ruling 1583. Causing dust that is not thick to reach the throat does not invalidate a fast.
Ruling 1584. If thick dust appears by means of the wind, and a person - despite being aware and able to take care - does not take care and the dust reaches his throat, then based on obligatory precaution, his fast becomes invalid.
Ruling 1585. e obligatory precaution is that a fasting person must not cause the smoke of cigarees, tobacco, or something similar to reach his throat.
Ruling 1586. If someone does not take due care and dust, smoke, or suchlike enters his throat, in the event that he was certain or confident that it would not reach his throat, his fast is valid; but if he only supposed (i.e. had ẓann) that it would not reach his throat, it is beer that he keeps a qaḍāʾ fast for it.
Ruling 1587. If someone forgets that he is fasting and does not
390 take due care, or, if dust or something similar reaches his throat involuntarily, his fast does not become invalid.
Ruling 1588. Immersing the entire head in water does not invalidate the fast but it is highly disapproved (makrūh).
6. Remaining in a state of janābah, ḥayḍ, or niās until the time of ṣubḥ prayers
Ruling 1589. If in the month of Ramadan a junub6 intentionally does not perform ghusl until the time of ṣubḥ prayers - or, if his duty is to perform dry ablution (tayammum) and he does not perform it - he must complete the fast of that day with the intention of mā ī al-dhimmah and he must also fast another day [aer Ramadan], And with regard to the fast on this additional day, as it is not known whether it is a fast of qaḍāʾ or of punishment, he must keep it with the intention of mā ī al-dhimmah, not with the intention of qaḍāʾ.
Ruling 1590. Whenever someone who wants to keep a qaḍāʾ fast of the month of Ramadan intentionally remains in the state of janābah until the time of ṣubḥ prayers, he cannot fast on that day; but if he does this unintentionally, he can fast on that day, although the recommended precaution is that he should not [fast on that day and instead fast on another day].
Ruling 1591. With regard to obligatory or recommended fasts other than the fast of the month of Ramadan and their qaḍāʾ, if a junub intentionally remains in the state of janābah until the time of ṣubḥ prayers, he can fast on that day.
Ruling 1592. In the event that someone who is junub on a night of the month of Ramadan does not perform ghusl until the time remaining to ṣubḥ prayers becomes short, he must perform tayammum and keep the fast and his fast is valid.
Ruling 1593. If a junub in the month of Ramadan forgets to 6 Junub is the term used to refer to a person who is in the state of ritual impurity (janābah). Janābah is explained in Ruling 344. 391 perform ghusl and remembers aer one day, he must keep a qaḍāʾ fast for that day; and if he remembers aer a few days, he must keep a qaḍāʾ fast for all the days that he is certain to have been junub on. For example, if he does not know whether he was junub for three or four days, he must keep qaḍāʾ fasts for three days.
Ruling 1594. If on a night of the month of Ramadan someone knows that he will not have time to perform ghusl or tayammum and yet intentionally becomes junub, his fast is invalid and qaḍāʾ and kafārah become obligatory on him [i.e. he must keep a fast aer Ramadan and also give recompense].
Ruling 1595. If someone knows that he does not have time to perform ghusl and intentionally becomes junub and then performs tayammum, or, if despite having time, he intentionally delays performing ghusl until the time becomes short and then performs tayammum, in these cases, although he commits a sin his fast is valid.
Ruling 1596. If someone who is junub on a night of the month of Ramadan knows that if he goes to sleep he will not wake up until the time of ṣubḥ prayers, then as an obligatory precaution, he must not go to sleep without performing ghusl; and in the event that he chooses to go to sleep before performing ghusl and does not wake up until the time of ṣubḥ prayers, he must complete the fast of that day and qaḍāʾ and kafārah become obligatory on him.
Ruling 1597. Whenever a junub goes to sleep on a night of the month of Ramadan, if when he wakes up he deems it probable that were he to go to sleep again he would wake up before the time of ṣubḥ prayers, he can go to sleep [without performing ghusl].
Ruling 1598. If someone is junub on a night of the month of Ramadan and is certain or confident that if he goes to sleep he will wake up before the time of ṣubḥ prayers, in the event that he decides to perform ghusl aer waking up and goes to sleep with this decision, but he remains asleep until the time of ṣubḥ prayers, his fast is valid.
392 Ruling 1599. If someone is junub on a night of the month of Ramadan and is not confident that if he goes to sleep he will wake up before the time of ṣubḥ prayers, in the event that he is unmindful of the fact that he must perform ghusl aer waking up, and he goes to sleep and remains asleep until the time of ṣubḥ prayers, then based on precaution, qaḍāʾ becomes obligatory on him.
Ruling 1600. If someone is junub on a night of the month of Ramadan and is certain or deems it probable that if he goes to sleep he will wake up before the time of ṣubḥ prayers, and if he wakes up but does not want to perform ghusl, and he goes back to sleep and does not wake up again before the time of ṣubḥ prayers, in such a case, he must complete the fast of that day and qaḍāʾ and kafārah become obligatory on him. e same applies, based on obligatory precaution, if he is doubtful that he will perform ghusl aer waking up.
Ruling 1601. If a junub on a night of the month of Ramadan goes to sleep, wakes up, and is then certain or deems it probable that if he sleeps again he will wake up before the time of ṣubḥ prayers, and he decides that he will perform ghusl aer waking up, then, in the event that he goes to sleep again but does not wake up until the time of ṣubḥ prayers, he must keep a qaḍāʾ fast for the fast of that day. Furthermore, if he wakes up from the second sleep and goes back to sleep for a third time but does not wake up until the time of ṣubḥ prayers, he must keep a qaḍāʾ fast for the fast of that day; and based on recommended precaution, he should also give kafārah.
Ruling 1602. A sleep in which a wet dream has taken place is considered to be the first sleep. erefore, if aer waking up from this first sleep someone goes back to sleep and does not wake up until the time of ṣubḥ prayers, then as it was stated in the previous ruling, he must keep a qaḍāʾ fast for the fast of that day.
Ruling 1603. If someone who is fasting has a wet dream during the day, it is not obligatory on him to perform ghusl immediately.
393 Ruling 1604. Whenever someone in the month of Ramadan wakes up aer the time of ṣubḥ prayers and finds that he has had a wet dream, then even if he knows that he had a wet dream before the time of ṣubḥ prayers, his fast is valid.
Ruling 1605. If someone who wants to keep a qaḍāʾ fast of Ramadan wakes up aer the time of ṣubḥ prayers and finds that he has had a wet dream, and if knows that he had this wet dream before the time of ṣubḥ prayers, he can fast on that day with the intention of keeping a qaḍāʾ fast of the month of Ramadan.
Ruling 1606. If a woman’s ḥayḍ or niās stops on a night of the month of Ramadan before the time of ṣubḥ prayers and she intentionally does not perform ghusl, or, if her duty is to perform tayammum and she does not do so, she must complete the fast of that day and also keep a qaḍāʾ fast for that day. Furthermore, with regard to a qaḍāʾ fast of the month of Ramadan, if she intentionally does not perform ghusl or tayammum before the time of ṣubḥ prayers, then based on obligatory precaution, she cannot fast on that day.
Ruling 1607. If a woman whose ḥayḍ or niās stops on a night of the month of Ramadan intentionally does not perform ghusl until the time before ṣubḥ prayers becomes too short to perform ghusl, she must perform tayammum and the fast of that day is valid.
Ruling 1608. If a woman’s ḥayḍ or niās stops before the time of ṣubḥ prayers in the month of Ramadan but she does not have time to perform ghusl, she must perform tayammum; however, it is not necessary for her to remain awake until the time of ṣubḥ prayers. e rule is the same for a junub in the event that his duty is to perform tayammum.
Ruling 1609. If a woman’s ḥayḍ or niās stops near the time of ṣubḥ prayers in the month of Ramadan but she does not have time to perform ghusl or tayammum, her fast is valid.
394 Ruling 1610. If a woman’s ḥayḍ or niās stops aer the time of ṣubḥ prayers, she cannot fast on that day. Furthermore, if she experiences ḥayḍ or niās during the day while she is fasting, then even if it is near the time of maghrib prayers, her fast is invalid.
Ruling 1611. If a woman forgets to perform ghusl for ḥayḍ or niās and remembers aer a day or aer a few days, the fasts that she has kept are valid.
Ruling 1612. If a woman’s ḥayḍ or niās stops before the time of ṣubḥ prayers in the month of Ramadan but she is negligent in performing ghusl until the time of ṣubḥ prayers, and if in the short time remaining she does not perform tayammum either, then as it was mentioned previously, she must complete the fast of that day and keep a qaḍāʾ fast. However, in the event that she is not negligent - for example, she waits for the public bath to become accessible to women only [or, she cannot access the bathroom due to a legitimate reason] - then even if she sleeps three times and does not perform ghusl until the time of ṣubḥ prayers, her fast is valid provided that she is not negligent in performing tayammum.
Ruling 1613. If a woman has excessive istiḥāḍah and does not perform the ghusls in accordance with the laws of istiḥāḍah mentioned in Ruling 394, her fast is valid. Similarly, if a woman has medium istiḥāḍah and does not perform ghusl, her fast is valid.
Ruling 1614. Someone who has touched a corpse - i.e. he has brought a part of his own body into contact with the corpse - can fast without performing the ghusl for touching a corpse (mass al-mayyit). Furthermore, if one touches a corpse while fasting, his fast does not become invalid.
7. Applying enema7
Ruling 1615. Applying liquid enema - even if one is obliged to or for the purposes of treatment - invalidates a fast.
7 e injection of water or other fluid into the large intestine by way of the rectum. [Author] 395 8. Vomiting
Ruling 1616. Whenever a fasting person intentionally vomits, his fast becomes invalid even if he vomited out of necessity or because of illness or suchlike. However, if he vomits unintentionally or involuntarily, there is no problem [and his fast remains valid].
Ruling 1617. If at night one eats something that he knows will cause him to vomit unintentionally during the day, his fast is valid.
Ruling 1618. If a fasting person feels sick and the cause of this is something natural [as opposed to him having made himself feel sick], then even if he can restrain himself from vomiting, it is not necessary for him to do so.
Ruling 1619. If a fly enters a fasting person’s throat and goes down to such an extent that were he to then swallow it, it could not be called ‘eating’, it is not necessary for him to bring it out and his fast is valid. However, if the fly does not go down to that extent, he must bring it out even if this requires vomiting, unless vomiting is harmful or excessively difficult (mashaqqah) for him; and in the event that he does not vomit it but instead swallows it, his fast becomes invalid; similarly, if he brings it out by vomiting, his fast also becomes invalid.
Ruling 1620. If a person unintentionally swallows something and remembers that he is fasting before it reaches his stomach, and if it goes down to such an extent that were he to then make it enter his stomach it could not be called ‘eating’, it is not necessary for him to bring it out and his fast is valid.
Ruling 1621. If a person is certain that by burping, something will come out of his throat, and were he to burp it would be in a manner that could be called ‘vomiting’, he must not burp intentionally. However, there is no problem [in him burping] if he is not certain about this.
396 Ruling 1622. If someone burps and something comes up in his throat or mouth, he must spit it out; and if he swallows it involuntarily, his fast is valid.
LAWS OF THINGS THAT INVALIDATE A FAST
Ruling 1623. If a person intentionally and voluntarily does something that invalidates a fast, his fast becomes invalid; and in the event that he does not do it intentionally, there is no problem [and his fast remains valid]. However, if a junub goes to sleep and - as per the details mentioned in Ruling 1600 - he does not perform ghusl until the time of ṣubḥ prayers, his fast is invalid. Furthermore, in the event that one does not know that some of the things mentioned previously invalidate a fast, and he has not been negligent in not knowing, and nor does he doubt [that a particular thing may invalidate his fast], or he trusts in something that is legally authoritative (al-ḥujjah al-sharʿiyyah) [for example, the statement of a reliable person], and he does that thing, in such a case, his fast does not become invalid except in the case of eating, drinking, and sexual intercourse.
Ruling 1624. If a fasting person inadvertently does something that invalidates a fast and with the belief that his fast has become invalid, he intentionally does one of those things again, then the rule in the previous ruling will apply to him.
Ruling 1625. If something is forced down a fasting person’s throat, his fast does not become invalid. However, if he is forced to break his fast by eating, drinking, or having sexual intercourse - for example he is told, ‘If you do not eat food, we will inflict some financial or physical harm on you’ - and he eats something in order to prevent the harm from being inflicted, his fast becomes invalid. Furthermore, based on obligatory precaution, his fast also becomes invalid if he is forced to do any of the other things that invalidate a fast.
Ruling 1626. A fasting person must not go to a place where he
397 knows something will be poured down his throat or where he will be forced to break his fast; and if he goes to such a place and he is compelled to do something that breaks his fast, his fast becomes invalid. e same applies, based on obligatory precaution, if something is poured down his throat.
THINGS THAT ARE DISAPPROVED (MAKRŪH) FOR A FASTING PERSON TO DO
Ruling 1627. Some things are disapproved for a fasting person to do, including:
1. puing medication in the eyes and applying collyrium in a way that the taste or smell of it reaches the throat; 2. doing anything that causes weakness, such as giving blood or taking a shower; 3. puing medication in the nose, if one does not know that it will reach the throat; and if one knows that it will reach the throat, it is not permied; 4. smelling aromatic plants; 5. for women, to sit in water; 6. using a suppository; 7. making the clothes that are on the body wet; 8. having teeth extracted or doing anything that causes blood to come out of the mouth; 9. brushing the teeth with a wet piece of wood; 10. puing water or any other fluid in the mouth without due cause; 11. immersing the entire head in water.
It is also disapproved for someone to kiss his wife or to do something that arouses him without intending to ejaculate.
TIMES WHEN IT IS OBLIGATORY (WĀJIB) TO BOTH MAKE UP (QAḌĀʾ) AND GIVE RECOMPENSE ( KAFFĀRAH )
Ruling 1628. If someone invalidates a fast of the month of
398 Ramadan by eating, drinking, having sexual intercourse, masturbating, or remaining in the state of janābah until the time of ṣubḥ prayers, in the event that he did one of these things intentionally and voluntarily - and he was not compelled and forced to - then as well as qaḍāʾ, kafārah also becomes obligatory on him [i.e. he must keep a fast aer Ramadan and also give recompense]. As for someone who invalidates a fast by means other than those mentioned, the recommended precaution is that in addition to qaḍāʾ, he should also give kafārah.
Ruling 1629. If someone performs one of the things mentioned [in the previous ruling] while believing with certainty that it would not invalidate his fast, kafārah is not obligatory on him. e same applies to someone who does not know that fasting is obligatory on him, such as a child in the early stages of legal responsibility (bulūgh).
RECOMPENSE (KAFFĀRAH) OF A FAST
Ruling 1630. e kafārah for breaking a fast (ifṭār) unlawfully in the month of Ramadan is that the person must free a slave, or fast for two months in accordance with the instructions that will be mentioned in the next ruling, or feed sixty poor people or give each one of them a mudd - which is approximately 750 grams - of food, i.e. wheat, barley, bread, or suchlike. In the event that none of these are possible for the person, he must give charity to the extent that he can. If this is not possible either, he must seek forgiveness from Allah; and the obligatory precaution is that he must give kafārah whenever he is able to.
Ruling 1631. Someone who wants to fast for two months for the kafārah of the month of Ramadan must fast one complete month and one day from the next month continuously; and similarly, based on obligatory precaution, he must fast the rest of the next month continuously; and if an obstacle arises that would commonly be considered to be a legitimate excuse, he does not have to fast that particular day, and once his legitimate excuse expires he must resume his fasts. 399 Ruling 1632. Someone who wants to fast for two months for the kafārah of a fast of Ramadan must not start at a time when he knows a day on which fasting is unlawful - such as Eid al-Aḍḥā8 - will fall within the one month and one day period, nor must he fast at a time when he knows a day on which fasting is obligatory [such as a day that he had assigned in a vow] will fall within that period.
Ruling 1633. If someone who must fast continuously does not fast one of the days without a legitimate excuse, he must start the kafārah fasts all over again.
Ruling 1634. If during the days that someone must fast continuously a legitimate excuse arises - such as ḥayḍ, niās, or a journey on which he has to go - then once the excuse expires, it is not obligatory on him to start the fasts all over again; rather, he will continue the rest of the fasts aer the excuse has expired.
Ruling 1635. If a person invalidates his fast by means of something unlawful - whether that thing is fundamentally unlawful, like wine or adultery; or something that has become unlawful due to a particular reason, like eating lawful food that is in a general sense harmful for him, or having intercourse with his wife when she is in the state of ḥayḍ - in these cases, giving one kafārah is sufficient. However, the recommended precaution is that he should give the ‘total kafārah’, i.e. free one slave, fast for two months, and feed sixty poor people or give each one of them one mudd of wheat, barley, bread, or suchlike. In the event that all three are not possible for him, he should do the ones that are possible for him.
Ruling 1636. If a fasting person intentionally aributes a lie to Allah, Prophet Muḥammad (Ṣ), [or the Twelve Imams (ʿA)], it is not obligatory on him to give kafārah. However, the recommended precaution is that he should give kafārah.
Ruling 1637. If on several occasions on a day of the month
8 e 10th of Dhū al-Ḥijjah. 400 of Ramadan a person eats, drinks, has sexual intercourse, or masturbates, giving one kafārah is sufficient for all of them.
Ruling 1638. If a fasting person does something that invalidates a fast - other than having sexual intercourse or masturbating - and aerwards he has sexual intercourse with his lawful partner, then giving one kafārah is sufficient for both actions.
Ruling 1639. If a fasting person does something that is lawful but which invalidates a fast - for example, he drinks water - and aerwards he does something else that is unlawful and which invalidates a fast - for example, he eats unlawful food - then giving one kafārah is sufficient.
Ruling 1640. If a fasting person burps and something comes up in his mouth, then based on obligatory precaution, if he intentionally swallows it, his fast is invalid and he must keep a qaḍāʾ fast and give kafārah. And if eating that thing is unlawful - for example, when burping, blood or some food-like substance that has lost the form of food reaches his mouth and he intentionally swallows it - it is beer that he gives the ‘total kafārah’ [as defined in Ruling 1635].
Ruling 1641. If someone keeps a vow that he will fast on an assigned day, in the event that he intentionally invalidates his fast on that day, he must give kafārah. e kafārah for this will be mentioned in the laws relating to vows.
Ruling 1642. If a fasting person breaks his fast based on the statement of someone who says it is maghrib, despite the fact that he was not confident in the statement being true, and aerwards he finds out that it was not maghrib, or, if aerwards he doubts whether it is maghrib or not [but still breaks his fasts], in these cases, qaḍāʾ and kafārah become obligatory on him; and if he was of the belief that the person’s statement is authoritative, only qaḍāʾ is necessary.
401 Ruling 1643. If someone intentionally invalidates his fast and travels aer ẓuhr, kafārah is not waived. Similarly, if he intentionally invalidates his fast and then travels before ẓuhr in order to escape kafārah [i.e. if he thinks that by being considered a traveller that day, he will have a legitimate excuse for not fasting and so he will not have to give kafārah for intentionally invalidating his fast], again kafārah is not waived. In fact, even if it becomes necessary for him to travel before ẓuhr, kafārah remains obligatory on him.
Ruling 1644. If a person intentionally breaks his fast and aerwards a legitimate excuse arises - such as ḥayḍ, niās, or an illness - the recommended precaution is that he should give kafārah, especially if some medication or other such means brought about the ḥayḍ or illness.
Ruling 1645. If a person is certain that it is the first day of the month of Ramadan and he intentionally invalidates his fast, and aerwards it becomes known that it was actually the last day of Shaʿbān, kafārah is not obligatory on him.
Ruling 1646. If a person doubts whether it is the last day of Ramadan or the first of Shawwāl and he intentionally invalidates his fast, and aerwards it becomes known that it was the first of Shawwāl, kafārah is not obligatory on him.
Ruling 1647. If a fasting man in the month of Ramadan has sexual intercourse with his wife who is fasting, in the event that he had compelled his wife to do so, he must give kafārah for invalidating his fast; and based on obligatory precaution, he must give kafārah for invalidating his wife’s fast as well; and if his wife consented to having sexual intercourse, one kafārah becomes obligatory on each of them.
Ruling 1648. If a woman compels her fasting husband to have sexual intercourse with her, it is not obligatory on her to give kafārah for invalidating her husband’s fast.
402 Ruling 1649. If a fasting man in the month of Ramadan compels his wife to have sexual intercourse with him and during the intercourse his wife consents, one kafārah becomes obligatory on each of them; and the recommended precaution is that the man should give two kafārahs.
Ruling 1650. If a fasting man in the month of Ramadan has sexual intercourse with his fasting wife while she is asleep, one kafārah becomes obligatory on him. Furthermore, the fast of his wife is valid and kafārah is not obligatory on her.
Ruling 1651. If a man compels his wife or a wife compels her husband to do something that invalidates a fast - other than having sexual intercourse - kafārah is not obligatory on either of them.
Ruling 1652. A man who does not fast due to travelling or illness cannot compel his fasting wife to have sexual intercourse with him; however, if he does compel her, kafārah is not obligatory on him.
Ruling 1653. One must not be negligent in giving kafārah, however, it is not necessary to give it immediately.
Ruling 1654. If kafārah becomes obligatory on someone and he does not give it for a few years, nothing is added to it.
Ruling 1655. If someone who must feed sixty poor people as the kafārah for one day has access to all sixty people, he cannot reduce the number of poor people to feed even if he gives the same amount of kafārah. For example, he cannot give two mudds to thirty people and suffice with that. He can, however, give a poor person one mudd of food for each of the poor person’s family members even if they are minors (ṣaghīr) and the poor person accepts this by way of agency (wikālah) for his family, or by way of guardianship (wilāyah) if they are minors. And if he cannot find sixty poor people but, for example, he finds thirty people, he can give two mudds of food to each of them. However, based on
403 obligatory precaution, whenever he can he must give one mudd of food to another thirty poor people.
Ruling 1656. If aer ẓuhr someone who is keeping a qaḍāʾ fast of Ramadan intentionally does something that invalidates his fast, he must give one mudd of food to ten poor people, and if he cannot, he must fast for three days.
TIMES WHEN IT IS OBLIGATORY (WĀJIB) TO ONLY MAKE UP (QAḌĀʾ) A FAST
Ruling 1657. In some cases - other than those that were indicated previously - only qaḍāʾ is obligatory on a person and kafārah is not obligatory:
1. one is junub on a night of the month of Ramadan and - as per the details mentioned in Ruling 1601 - he does not wake up from the second sleep until the time of ṣubḥ prayers; 2. one does not do anything that invalidates a fast but does not make the intention to fast, or pretends to fast, or intends not to fast; and the same applies if he intends to do something that invalidates a fast, as per the details explained in Ruling 1549; 3. in the month of Ramadan, one forgets to perform ghusl of janābah and in the state of janābah he fasts one day or several days; 4. in the month of Ramadan, one does not investigate whether or not the time for ṣubḥ prayers has set in and does something that invalidates a fast, and aerwards it becomes known that the time of ṣubḥ prayers had set in; 5. someone says the time of ṣubḥ prayers has not set in, and based on his statement one does something that invalidates a fast, and aerwards it becomes known that the time of ṣubḥ prayers had set in; 6. someone says it is ṣubḥ but a fasting person does not have certainty about the validity of the person’s statement, or he thinks that the person who made the statement is joking,
404 and he does not investigate, and he does something that invalidates a fast, and aerwards it becomes known that it really was ṣubḥ, 7. one breaks his fast based on the statement of someone whose statement is legally (sharʿan) authoritative for him [for example, someone whose word he trusts] who tells him it is maghrib - or he mistakenly believes that his report is authoritative - and aerwards it becomes known that it was not maghrib; 8. one is certain or confident that it is maghrib and breaks his fast, and aerwards it becomes known that it was not maghrib. However, if he breaks his fast because the weather was cloudy that day and suchlike, and he supposed it had become maghrib, and aerwards it becomes known that it was not maghrib, the obligation of qaḍāʾ in this instance is based on obligatory precaution; 9. someone who gargles - i.e. he circulates water in his mouth - due to thirst and unintentionally swallows the water. However, if the person forgets that he is fasting and swallows the water, or, he gargles for reasons other than thirst - as in cases when gargling is recommended, such as in wuḍūʾ - and he unintentionally swallows the water, then there is no obligation on him to keep a qaḍāʾ fast; 10. someone who breaks his fast due to compulsion, necessity, or taqiyyah;9 and if he breaks his fast due to compulsion or taqiyyah, then qaḍāʾ is due only if he was required to eat, drink, or have sexual intercourse. e same applies, based on obligatory precaution, if he was required to break his fast by means other than eating, drinking, or having sexual intercourse.
Ruling 1658. If a person puts something other than water in his mouth and unintentionally swallows it, or, if he puts water in his nose and unintentionally swallows it, qaḍāʾ is not obligatory on him.
9 Taqiyyah refers to the discretionary concealment of one’s beliefs under duress. 405 Ruling 1659. Gargling a lot is disapproved for a fasting person, and if aer gargling one wants to swallow his saliva, it is beer to spit out the saliva three times [before swallowing].
Ruling 1660. If a person knows that by gargling, water will unintentionally or forgetfully enter his throat, he must not gargle; however, if in this case he does gargle but water does not enter his throat, then based on obligatory precaution, qaḍāʾ is necessary.
Ruling 1661. If in the month of Ramadan, aer investigating, it is not known to someone that the time of ṣubḥ prayers has set in, and he does something that invalidates a fast, and aerwards it becomes known that it was ṣubḥ, qaḍāʾ is not necessary.
Ruling 1662. One cannot break his fast if he merely doubts whether it is maghrib or not. However, if one doubts whether it is ṣubḥ or not, he can do something that invalidates a fast even before investigating.
LAWS OF A LAPSED (QAḌĀʾ) FAST
Ruling 1663. If an insane person becomes sane, it is not obligatory on him to make up the fasts that he did not keep when he was insane.
Ruling 1664. If a disbeliever becomes a Muslim, it is not obligatory on him make up the fasts that he did not keep when he was a disbeliever. However, if a Muslim becomes a disbeliever and then becomes a Muslim again, he must make up the fasts that he did not keep while he was a disbeliever.
Ruling 1665. One must make up a fast that he did not keep due to intoxication, even if he consumed the intoxicating thing for the purposes of treatment.
Ruling 1666. If someone does not fast for a few days due to a legitimate excuse and aerwards doubts when his excuse expired,
406 it is not obligatory on him to fast more days than what he deems probable as having missed. For example, someone who travelled before the month of Ramadan and who does not know whether he returned on the fih of Ramadan or the sixth; or, he travelled in the last few days of the month of Ramadan and returned aer Ramadan but does not know whether he travelled on the twenty-fih of Ramadan or the twenty-sixth; in both cases, he can keep qaḍāʾ fasts for the lower figure - i.e. five days - although the recommended precaution is that he should keep qaḍāʾ fasts for the higher figure, i.e. six days.
Ruling 1667. If someone has qaḍāʾ fasts le over from a number of previous Ramadans, it does not maer which Ramadan he keeps qaḍāʾ fasts for first. However, if the time for the qaḍāʾ of the last Ramadan is short - for example, he has to keep five qaḍāʾ fasts from the last month of Ramadan and only five days remain until the beginning of the next Ramadan - it is beer that he keeps the qaḍāʾ fasts for the last Ramadan first.
Ruling 1668. If a person has to keep qaḍāʾ fasts for a number of Ramadans and he does not specify in his intention which month of Ramadan he is keeping a qaḍāʾ fast for, it will not be regarded as the qaḍāʾ fast for the last year such that the kafārah for delaying its qaḍāʾ be waived.10
Ruling 1669. One can invalidate the qaḍāʾ fast of Ramadan before ẓuhr. However, if the number of days le for him to keep his qaḍāʾ fasts [before the start of Ramadan] are few, it is beer that he does not invalidate them.
Ruling 1670. If a person has kept a qaḍāʾ fast for a dead person, it is beer that he does not invalidate it aer ẓuhr.
Ruling 1671. If someone does not fast in Ramadan due to illness, ḥayḍ, or niās, and he dies before the passing of a period of time in which he could have made up those fasts, then those fasts do not have to be made up.
10 See Ruling 1678. 407 Ruling 1672. If due to illness one does not fast in Ramadan and his illness continues until the Ramadan of the following year, it is not obligatory on him to make up the fasts he did not keep; and for each day he must give one mudd (approximately 750 grams) of food - i.e. wheat, barley, bread, or suchlike - to a poor person.11 However, if one does not fast because of another legitimate excuse - for example, he was travelling - and his excuse remains valid until the following Ramadan, he must make up the fasts that he did not keep; and the obligatory precaution is that for each day, he must also give one mudd of food to a poor person.
Ruling 1673. If due to illness one does not fast in Ramadan, and aer Ramadan his illness is cured but another legitimate excuse arises such that he cannot make up the fasts until the following Ramadan, he must make up the fasts he did not keep; and based on obligatory precaution, he must also give one mudd of food to a poor person for every missed fast. e same applies if in the month of Ramadan one has another legitimate excuse - other than illness - and aer Ramadan that excuse expires and until the Ramadan of the following year he cannot fast due to illness.
Ruling 1674. If in the month of Ramadan one does not fast due to a legitimate excuse and aer Ramadan that excuse expires but he intentionally does not make up the fasts until the following Ramadan, he must make them up and also give one mudd of food to a poor person for each day.
Ruling 1675. If a person is negligent in keeping qaḍāʾ fasts until the time [before the next Ramadan] becomes short, and in the shortage of time a legitimate excuse arises, he must make them up; and based on obligatory precaution, he must also give one mudd of food to a poor person for each day; and the same applies if aer the excuse expires he decides to make up his fasts but before he does so, a legitimate excuse arises in the short time [remaining before Ramadan].
11 is type of compensative payment is known as fidyah. 408 Ruling 1676. If a person’s illness continues for some years, he must make up the fasts for the last Ramadan aer he gets beer; and for each missed day of the previous years, he must give one mudd of food to a poor person.
Ruling 1677. Someone who must give one mudd of food to a poor person for each missed fast can give the kafārah of several days to one poor person.
Ruling 1678. If a person delays keeping the qaḍāʾ fasts of the month of Ramadan for a few years, he must make them up; and for the first year’s delay, he must give one mudd of food to a poor person for each missed fast [as kafārah]; however, for the delay in the later years, there is no obligation on him.12
Ruling 1679. If a person intentionally does not keep the fast of Ramadan, he must make them up; and for each missed fast he must fast for two months, or give food to sixty poor people, or free one slave; and in the event that he does not make them up until the next Ramadan, then based on obligatory precaution, he must also give one mudd of food as kafārah.
Ruling 1680. If a person intentionally does not keep a fast of Ramadan, and in the day he repeatedly has sexual intercourse or masturbates, kafārah is not repeated. Similarly, if one does something else that invalidates a fast a number of times - for example, he eats food a number of times - then giving one kafārah is sufficient.
Ruling 1681. Aer a father’s death, the eldest son must, based on obligatory precaution, keep his father’s qaḍāʾ fasts of the month of Ramadan as per the details mentioned in Ruling 1370 concerning prayer. Instead of fasting each day, he can give 750 grams of food to a poor person even from the property of the deceased if the heirs consent to it. 12 For example, if someone has to make up one fast and he delays making it up for three years, he must give one kafārah [i.e. one mudd of food] to a poor person, not three kafārahs. 409 Ruling 1682. If a father had not kept obligatory fasts other than the fasts of Ramadan - for example, he had not kept a fast that had become obligatory on account of a vow - or, if he had been hired to fast on behalf of someone else but had not done so, it is not obligatory on the eldest son to make up such fasts.
LAWS OF FASTING FOR A TRAVELLER
Ruling 1683. A traveller must not fast if his obligation on a journey is to perform the four unit (rakʿah) prayers as two rakʿahs [i.e. in qaṣr form]. A traveller who performs his prayer in its complete (tamām) form - such as someone whose work is travelling, or someone whose journey is a sinful one - must fast on his journey.
Ruling 1684. Travelling during the month of Ramadan is not forbidden. However, travelling in order to escape fasting is disapproved. Similarly, travelling in general in the month of Ramadan is disapproved except for ʿumrah13 or because of necessity.
Ruling 1685. If an assigned [i.e. time-specific] fast - other than the fast of the month of Ramadan - is obligatory on a person, in the event that it has become obligatory because he has been hired by someone to fast and suchlike, or it is the third fast of the days of spiritual retreat (iʿtikāf),14 he cannot travel on that day; and if he is on a journey and it is possible, he must make an intention to stay in a place for ten days and fast on that day. However, if the fast of that day has become obligatory on account of a vow, the apparent (ẓāhir)15 ruling is that travelling is permied on that day and it is not obligatory to make an intention to stay, although it is beer not to travel if one is not obliged to, and if he is on a journey it is beer 13 ʿUmrah refers to the pilgrimage to Mecca that has fewer rituals than the hajj pilgrimage. It is sometimes referred to as the ‘minor pilgrimage’. 14 Iʿtikāf refers to the act of staying in a mosque under particular conditions with the intention of worshipping Allah. e laws of iʿtikāf are stated in the next chapter. 15 For practical purposes in jurisprudential rulings, expressing an apparent ruling equates to giving a fatwa. 410 to make an intention to stay. However, if it has become obligatory on account of an oath (qasam) or a covenant (ʿahd), then based on obligatory precaution, one must not travel, and if he was on a journey, he must make an intention to stay.
Ruling 1686. If a person makes a vow to keep a recommended fast but does not assign the day, he cannot keep that fast on a journey. However, in the event that one makes a vow that he will fast on a particular day on a journey, he must keep that fast on a journey. Furthermore, if one makes a vow to fast on a particular day whether he is travelling or not, he must fast on that day even if he is travelling.
Ruling 1687. A traveller can keep recommended fasts in Medina for three days for the fulfilment of wishes [i.e. for particular needs (ḥājāt) of his to be granted]; and the obligatory precaution is for those three days to be Wednesday, ursday, and Friday.
Ruling 1688. If someone who does not know that a traveller’s fast is invalid fasts on a journey and finds out the ruling during the day, his fast becomes invalid; and if he does not find out until maghrib, his fast is valid.
Ruling 1689. If a person forgets that he is a traveller or that a traveller’s fast is invalid and fasts on a journey, then based on obligatory precaution, his fast is invalid.
Ruling 1690. If a fasting person travels aer ẓuhr, he must, based on obligatory precaution, complete his fast; and in such a case, it is not necessary for him to make up that fast; and if he travels before ẓuhr, then based on obligatory precaution, he cannot fast on that day, particularly if he had made the intention to travel the night before. In any case, he must not do anything that invalidates a fast before reaching the permied limit (ḥadd al-tarakhkhuṣ),16 otherwise kafārah becomes obligatory on him.
Ruling 1691. If a traveller in the month of Ramadan - whether
16 e permied limit is explained in Ruling 1304. 411 he travelled before sunrise or he was fasting and then travelled - reaches his home town (waṭan)17 or a place where he intends to stay for ten days before ẓuhr, in the event that he did not do anything that invalidates a fast before reaching that place, he must, based on obligatory precaution, fast on that day and it is not obligatory on him to make it up; and if he did something that invalidates a fast before reaching that place, the fast of that day is not obligatory on him and he must make it up.
Ruling 1692. If a traveller reaches his home town or a place where he intends to stay for ten days aer ẓuhr, then based on obligatory precaution, his fast is invalid and he must make it up.
Ruling 1693. It is disapproved for a traveller, and indeed anyone who has a legitimate excuse for not fasting, to have sexual intercourse or to eat and drink to his full during the day in the month of Ramadan.
THOSE ON WHOM FASTING IS NOT OBLIGATORY (WĀJIB)
Ruling 1694. Fasting is not obligatory on someone who cannot fast on account of old age or who finds it excessively difficult to fast. However, in the laer case, for each day [that he does not fast] he must give one mudd of food - i.e. wheat, barley, bread, or suchlike - to a poor person.
Ruling 1695. If someone who has not fasted on account of old age is able to fast aer the month of Ramadan, the recommended precaution is that he should make up the fasts that he did not keep.
Ruling 1696. If someone has an illness that makes him very thirsty and he cannot bear being thirsty, or it is excessively difficult for him to bear it, then fasting is not obligatory on him. However, in the second case, he must give one mudd of food to a poor person for each missed fast; and in the event that he is able to fast aerwards, it is not obligatory on him make them up.
17 Rulings 1314-1318 explain what is legally considered to be one’s home town. 412 Ruling 1697. Fasting is not obligatory on a pregnant woman approaching the time of delivery if it is harmful for her or for the unborn child. Such a woman must give one mudd of food to a poor person for each missed fast, and she must make up the fasts she did not keep.
Ruling 1698. If fasting is harmful for a woman who is breastfeeding her child and who has lile milk - whether she is the child’s mother or wet nurse, or someone who is breastfeeding the child without geing paid - or, if fasting is harmful for the child that she is breastfeeding, it is not obligatory on her to fast and she must give one mudd of food to a poor person for each missed fast and she must make up the fasts she did not keep. However, based on obligatory precaution, this rule only applies to the case where giving milk to the child is limited to this way. erefore, if there is another way of giving milk to the child - for example, a number of women participate in breastfeeding the child, or the child is fed with the aid of a bole - then affirming this rule is problematic (maḥall al-ishkāl) [i.e. based on obligatory precaution, it is not permied for such a woman to not fast].18
WAYS OF ESTABLISHING THE FIRST OF THE MONTH
Ruling 1699. e first of the month is established in four ways:
1. a person sees the moon himself; 2. a group of people from whose statement one derives certainty or confidence say that they have seen the moon. Similarly, [the first of the month is established] by means of anything that one derives certainty from, or a rational source that one derives confidence from; 3. two just (ʿādil) men say that they have seen the moon at night. However, if they describe aributes of the crescent that contradict one another, the first of the month is not established. Similarly, the first of the month is not established by the testimony of two just men if one is 18 As mentioned in Ruling 6, the term ‘problematic’ (maḥall al-ishkāl) amounts to saying the ruling is based on obligatory precaution. 413 certain or confident about them having made a mistake, or if their testimony is affected by a countervailing argument (muʿāriḍ), or by something that comes under the rule of a countervailing argument. For example, if a large group of the city’s people go to sight the moon but no more than two just people claim to have sighted the moon; or, if a group of people go to sight the moon and two just people from among them claim to have sighted the moon and others do not sight it, while amongst those others there are two other just people who are as good in knowing the position of the crescent and are as sharp-sighted as the first two just people, and furthermore, the sky is clear and for those two there is no probable obstacle to seeing the moon; in these cases, the first of the month is not established by the testimony of two just people; 4. thirty days from the first of the month of Shaʿbān pass, by means of which the first of the month of Ramadan is established; and thirty days from the first of the month of Ramadan pass, by means of which the first of the month of Shawwāl is established.
Ruling 1700. e first of the month is not established by the ruling of a fully qualified jurist (al-ḥākim al-sharʿī) unless by means of his ruling, or the first of the month being established in his view, one derives confidence in the moon having been sighted.
Ruling 1701. e first of the month is not established by the predictions of astronomers unless one derives certainty or confidence from their statements.
Ruling 1702. e moon being high or seing late is no evidence that the night before was the first night of the month. Similarly, if the moon has a halo, it is no evidence that it is the second night.
Ruling 1703. If the month of Ramadan is not established for someone and he does not fast, and aerwards it is established that the previous night was the first of the month, he must make up the fast for that day.
414 Ruling 1704. If the first of the month is established in a city, the first of the month will also be established in other cities that are united with it in the horizon. e meaning of ‘unity of horizon’ here is that if the moon is seen in the first city, it would also be seen in the second city if there were no obstacles, such as clouds. is brings about confidence in the case where the second city - if it is to the west of the first city - has a latitudinal position close to that of the first city; and if it is to the east of the first city, then in addition to closeness in latitudinal position, there must not be a large difference in the longitudinal position either.
Ruling 1705. If a person does not know whether it is the last day of Ramadan or the first of Shawwāl, he must fast on that day. However, if during the day he finds out that it is the first of Shawwāl, he must break his fast.
Ruling 1706. If a prisoner cannot be certain about whether or not it is the month of Ramadan, he must act according to his supposition. However, if he can find a stronger supposition, he cannot act on the weaker supposition and he must endeavour to aain the strongest probability; and if there is no other way, he must as a final resort draw lots (qurʿah) if this results in strengthening his inclination; and if acting according to supposition is not possible, he must fast a month that he deems is probably the month of Ramadan. However, he must bear that month in mind and in the event that he finds out aerwards that it was indeed the month of Ramadan, or it was aer it, there is no obligation on him. However, if it becomes known that it was before the month of Ramadan, he must make up the fasts of the month of Ramadan.
UNLAWFUL (ḤARĀM) AND DISAPPROVED (MAKRŪH) FASTS
Ruling 1707. Fasting on Eid al-Fiṭr19 and Eid al-Aḍḥā20 is unlawful. Furthermore, if one does not know whether it is the last day of
19 e 1st of Shawwāl. 20 e 10th of Dhū al-Ḥijjah. 415 Shaʿbān or the first day of Ramadan and fasts with the intention of it being the first day of Ramadan, it is unlawful.
Ruling 1708. If a recommended fast of a woman conflicts with the conjugal rights of her husband, it is unlawful for her to keep it. Similarly, with regard to a fast that is obligatory but the day on which it must be kept has not been assigned - for example, a vow that [has been made to keep a fast, but the day of the fast] has not been assigned - if it conflicts with the conjugal rights of her husband, then based on obligatory precaution, the fast is invalid and it does not fulfil the vow. e same applies, based on obligatory precaution, if her husband forbids her to keep a recommended fast or an obligatory fast for which a day has not been assigned even if it does not conflict with his rights. And the recommended precaution is that she should not keep a recommended fast without his permission.
Ruling 1709. If a recommended fast kept by a child is a source of annoyance for his father or mother due to their compassion for him, it is unlawful for the child to keep it.
Ruling 1710. If a child keeps a recommended fast without the permission of his father or mother and during the day his father or mother forbid him to continue keeping his fast, in the event that the child’s opposition may annoy the parent due to the parent’s compassion for his or her child, the child must break his fast.
Ruling 1711. Someone who knows fasting will not cause him significant harm - even though a doctor says it is harmful for him to fast - must fast; and someone who is certain or supposes that fasting will cause him significant harm - even though a doctor says that it will not harm him - is not obliged to fast.
Ruling 1712. If a person is certain or confident that fasting will cause him significant harm, or he deems this probable, and the probability creates fear in him, in the event that his deeming it probable would be considered by rational people to be reasonable,
416 it is not obligatory on him to fast. In fact, if that harm would result in him dying or losing a limb, then fasting is unlawful; otherwise, if he fasts with the intention of rajāʾ and aerwards he realises that it did not cause him any significant harm, his fast is valid.
Ruling 1713. If someone who believes that fasting does not harm him fasts and aer maghrib he finds out that fasting has caused him significant harm, then based on obligatory precaution, he must make it up.
Ruling 1714. Apart from the fasts mentioned here, there are other unlawful fasts that are mentioned in more detailed books.
Ruling 1715. Fasting is disapproved on the Day of ʿĀshūrāʾ21 and on the day that one doubts whether it is the Day of ʿArafah22 or Eid al-Aḍḥā.23
RECOMMENDED (MUSTAḤABB ) FASTS
Ruling 1716. Fasting on any day of the year - apart from the days on which fasting is unlawful or disapproved, which were mentioned previously - is recommended; and it has been recommended more to fast on some days, such as:
1. the first and last ursday of each month, and the first Wednesday aer the tenth of the month; and if someone does not fast on these days, it is recommended that he makes them up; and in the event that one cannot fast at all [on these days], it is recommended that he gives for each day one mudd of food or 12.6 nukhuds24 of minted silver25 to a poor person;
21 e 10th of Muḥarram. 22 e 9th of Dhū al-Ḥijjah. 23 e 10th of Dhū al-Ḥijjah. 24 A nukhud is a measure of weight equal to approximately 0.195 grams. erefore, 12.6 nukhuds is equivalent to approximately 2.46 grams. 25 In the present time, when minted silver is not prevalent, the silver does not have to be minted (Tawḍīḥ al-Masāʾil-i Jāmiʿ, vol. 1, p. 587, Ruling 2122). 417 2. the 13th, 14th, and 15th of each month; 3. the entire month of Rajab and Shaʿbān, or at least some days of these two months, even if only one day; 4. the day of Nawrūz;26 5. from the 4th to the 9th of Shawwāl; 6. the 25th and 29th of Dhu al-Qa'dah; 7. from the 1st to the 9th of Dhu al-Hijjah (until and including the Day of ‘Arafah); however, if due to weakness from fasting one cannot recite the supplications (duʿāʾs) of the Day of Arafah, then fasting on that day is disapproved; 8. the auspicious day of Eid al-Ghadīr (the 18th of Dhū al- Ḥijjah); 9. the day of Mubāhalah (the 24th of Dhū al-Ḥijjah); 10. the 1st, 3rd, and 7th of Muḥarram; 11. the joyous birthday of the Noble Messenger (Ṣ) (the 17th of Rabīʿ al-Awwal); 12. the 15th of Jamādī al-Awwal; 13. the day of Mabaʿth of His Eminence the Noble Messenger (Ṣ) (the 27th of Rajab).
If someone keeps a recommended fast, it is not obligatory on him to complete it. In fact, if a fellow believer invites him to eat, it is recommended for him to accept the invitation and to break his fast during the day, even if it is aer ẓuhr.
TIMES WHEN IT IS RECOMMENDED (MUSTAḤABB) FOR ONE TO ABSTAIN FROM THINGS THAT INVALIDATE A FAST
Ruling 1717. It is recommended for five types of people - even if they are not fasting - to abstain from things that invalidate a fast in the month of Ramadan:
1. a traveller who has done something that invalidates a fast and who reaches his home town or a place where he intends to stay for ten days before ẓuhr;
26 e day of the spring equinox. 418 2. a traveller who aer ẓuhr reaches his home town or a place where he intends to stay for ten days; 3. a sick person who gets beer aer ẓuhr, and similarly, if he gets beer before ẓuhr and has done something that invalidates a fast. And in case he has not done anything that invalidates a fast, then based on obligatory precaution, he must fast on that day; 4. a woman whose ḥayḍ or niās stops during the day; 5. a disbeliever who becomes a Muslim and who had done something that invalidates a fast before becoming a Muslim.
Ruling 1718. It is recommended for a fasting person to perform maghrib and ʿishāʾ prayers before breaking his fast. However, if someone is waiting for him or he is very drawn to food - such that he cannot pray with presence of heart - it is beer that he first breaks his fast. However, as much as he possibly can, he should perform the prayers within their prime time (waqt al-faḍīlah).27
27 is refers to the early period of the prescribed time for a prayer during which there is more reward for performing it. 419
S R (Iʿā) Ruling 1719. Iʿtikāf is one of the recommended (mustaḥabb) ritual acts of worship (ʿibādāt) that becomes obligatory (wājib) by means of a vow (nadhr), covenant (ʿahd), oath (qasam), or suchlike. A valid iʿtikāf is when one stays in a mosque with the intention of aaining proximity to Allah (qaṣd al-qurbah); and the recommended precaution (al-iḥtiyāṭ al-mustaḥabb) is that the stay should take place with the intention of performing ritual acts of worship, such as prayers (ṣalāh), and supplications (duʿāʾs).
Ruling 1720. ere is no particular time for performing iʿtikāf rather, whenever it is correct to keep a fast (ṣawm) during the year, performing iʿtikāf at that time is also correct. e best time for performing iʿtikāf is the blessed month of Ramadan, more so during the last ten nights of Ramadan.
Ruling 1721. e minimum length of time for iʿtikāf is two nights and three days; less than that is not correct (ṣaḥīḥ). ere is no maximum limit. ere is no problem in including the first or the fourth night in the intention of iʿtikāf. If a person is a muʿtakif [the term given to someone who is performing iʿtikāf] for five full days, he must also be a muʿtakif on the sixth day.
Ruling 1722. e starting time for iʿtikāf is the time of morning (ṣubḥ) prayers on the first day, and, based on obligatory precaution (al-iḥtiyāṭ al-wājib), the finishing time for iʿtikāf is the time of sunset (maghrib) prayers on the third day. For a valid iʿtikāf to take place, a period of time equivalent to three days will not suffice; i.e. one cannot be a muʿtakif aer the time of ṣubḥ prayers on the first day [and stay in the mosque until the same time on the fourth day] even if he compensates the time lost from the first day on the fourth day; for example, he stays in the mosque from the time of aernoon prayers (ẓuhr) of the first day until the time of aernoon prayers on the fourth day.
CONDITIONS FOR THE VALIDITY OF IʿTIKĀF
Ruling 1723. e following are the conditions for a valid iʿtikāf.
421 i. e muʿtakif must be a Muslim. ii. e muʿtakif must be sane (ʿāqil). iii. Iʿtikāf must be performed with the intention of aaining proximity to Allah.
Ruling 1724. A muʿtakif must have the intention of aaining proximity to Allah in the same manner that was mentioned with regard to ablution (wuḍūʾ),1 and iʿtikāf must be performed from start to finish with a sincere intention to aain proximity to Allah.
iv. e duration of the iʿtikāf must be a minimum of three days.
Ruling 1725. e minimum duration of iʿtikāf is three days; less than three days is incorrect. However, there is no maximum limit, as mentioned in Ruling 1721.
v. A muʿtakif must fast during the days of iʿtikāf
Ruling 1726. A muʿtakif must fast during the days of iʿtikāf. erefore, iʿtikāf performed by someone who cannot [legally] fast [during those days] - such as a traveller who does not intend to stay for ten days, a sick person, a woman in menstruation (i.e. a ḥāʾiḍ) and a woman who is experiencing lochia (niās) - is not correct. Furthermore, on the days of iʿtikāf, it is not necessary to fast especially for performing iʿtikāf rather, it is acceptable for one to keep any fast during iʿtikāf even a fast that one has been hired to keep (istījārī), or a recommended fast, or a lapsed (qaḍāʾ) fast.
Ruling 1727. While a muʿtakif is fasting - i.e. from the time of ṣubḥ prayers until the time of maghrib prayers - everything that invalidates (i.e. makes bāṭil) a fast also invalidates iʿtikāf. ere- fore, a muʿtakif must refrain from intentionally (ʿamdan) doing the things that invalidate a fast.2
1 See the sixth condition for the validity of wuḍūʾ and Ruling 281. 2 See Ruling 1551 for a list of the things that invalidate a fast. 422 vi. Iʿtikāf must be performed in one of ‘the four mosques’ or in a jāmiʿ mosque.
Ruling 1728. It is correct to perform iʿtikāf in Masjid al-Ḥarām, Masjid al-Nabī (Ṣ), Masjid al-Kūfah, and Masjid al-Baṣrah. Similarly, it is correct to perform iʿtikāf in the jāmiʿ mosque of every town, except when the religious leadership (imāmah) of that mosque is in the hands of a person who is not just (ʿādil), in which case, based on obligatory precaution, iʿtikāf is not correct. A jāmiʿ mosque is one that is not particular to people of a specific locality or area, nor to a specific group; rather, it is a place where people of different areas and localities of the town gather and frequent. e legality (mashrūʿiyyah) of iʿtikāf performed in any mosque other than a jāmiʿ mosque is not established; however, there is no problem in performing iʿtikāf in other mosques with the intention of there being a probability of it being a desirable act. As for performing iʿtikāf in a place that is not a mosque - for example, in a place that is a ḥusayniyyah3 or only a prayer room - it is not correct and has no legal basis.
vii. Iʿtikāf must take place in one mosque.
Ruling 1729. It is necessary that iʿtikāf be performed in one mosque. erefore, one iʿtikāf cannot be performed in two mosques, whether they are separate from each other or joined together, unless they are joined together in a manner that they are commonly considered to be one mosque.
viii. Iʿtikāf must be performed with the permission of one whose permission is legally (sharʿan) required.
Ruling 1730. Iʿtikāf must be performed with the permission of one whose permission is legally required. erefore, if a woman’s staying in a mosque is unlawful (ḥarām) - for example, because she has le her house without the permission of her husband - her iʿtikāf is invalid; and in case a woman’s staying in a mosque is not unlawful but performing iʿtikāf conflicts with her husband’s 3 A ḥusayniyyah is a congregation hall for Shia ceremonies. 423 rights, the validity of her iʿtikāf - if performed without her husband’s permission - is problematic (maḥall al-ishkāl) [i.e. based on obligatory precaution, it is not valid].4 Similarly, if iʿtikāf disturbs and annoys one’s parents due to their compassion and sympathy for him, it is necessary for him to obtain their permission; and if it does not annoy them, the recommended precaution is that he should still obtain their permission.
ix. A muʿtakif must refrain from doing the unlawful acts of iʿtikāf.
Ruling 1731. Someone who is performing iʿtikāf must refrain from doing the unlawful acts of iʿtikāf, which are as follows:
1. using fragrance; 2. having sexual intercourse with one’s spouse; 3. masturbating, having sexual contact with one’s spouse by means of touching, and lustfully kissing (based on obligatory precaution); 4. altercating (mumārah) and disputing (mujādalah) with others; 5. conducting a transaction.
Doing these things invalidates one’s iʿtikāf. In the case of an iʿtikāf that is not an assigned obligation (i.e. it is not al-wājib al-muʿayyan),5 the obligation to refrain from these things - apart from having sexual intercourse - is based on obligatory precaution.6 4 As mentioned in Ruling 6, the term ‘problematic’ (maḥall al-ishkāl) amounts to saying the ruling is based on obligatory precaution. 5 An assigned obligation is an act of worship that must be performed at one distinct time. One way that an iʿtikāf could become an assigned obligation is by means of a vow. 6 is means that, with regard to an iʿtikāf that is not an assigned obligation, the obligation to refrain from having sexual intercourse is a fatwa, whereas the obligation to refrain from the other things is based on obligatory precaution (see Ruling 6 for the distinction between a fatwa and a ruling based on obligatory precaution). As for an iʿtikāf that is an assigned obligation, the obligation to refrain from those things is a fatwa, except for the third, which as stated in brackets in the ruling itself, is based on obligatory precaution. 424 Ruling 1732. It is not permied (jāʾiz) for a muʿtakif to smell perfumes in any circumstance - whether he derives pleasure from smelling them or not - and neither is it permied for him to smell fragrant plants and flowers if he derives pleasure from doing so; however, there is no problem if he does not derive pleasure from smelling them. Similarly, a muʿtakif can use perfumed personal cleansing products, such as liquid soap or a bar of soap, shampoo, and toothpaste that has a pleasant smell. It is not permied, however, to smell the perfume that people who are not performing iʿtikāf usually apply when they come to mosques, but, apparently, merely having a sense of the fragrant smell is not a problem, nor is it necessary for one to hold his nose.
Ruling 1733. While one is performing iʿtikāf it is not permied for him to have sexual intercourse with his spouse - even if it does not result in ejaculation - and doing so intentionally invalidates iʿtikāf
Ruling 1734. Based on an obligatory precaution, a muʿtakif must not intend to ejaculate (even by lawful means), and he must refrain from having sexual contact with his spouse by means of touching, and he must also refrain from lustfully kissing her. Looking lustfully at one’s spouse during iʿtikāf does not invalidate one’s iʿtikāf but the recommended precaution is that one should refrain from doing so.
Ruling 1735. Disputing about worldly or religious maers while one is performing iʿtikāf is unlawful if it is done with the intention of defeating the other person or showing off one’s virtues and superiority. However, if it is done with the intention of making evident what is right, clarifying what is true, and resolving an error or mistake made by the other side, not only is it not unlawful but it is one of the best forms of worship. erefore, the criterion [of whether such action is unlawful or not] is the intention of the muʿtakif.
Ruling 1736. Conducting transactions while one is performing iʿtikāf is unlawful; and based on obligatory precaution, any type of business transaction - such as hire (ijārah), silent partnership
425 (muḍārabah),7 exchange (muʿāwaḍah) etc. is also unlawful, although the transaction that is conducted is valid.
Ruling 1737. Whenever a muʿtakif is compelled to conduct a transaction in order to procure food and drink or other necessary items, and he cannot find someone else who is not a muʿtakif to do this on his behalf by way of agency (wikālah), and it is not possible for him to procure the aforementioned items without conducting a transaction - for example, by way of receiving them as a gi or borrowing them - in such a case, there is no problem in him conducting a transaction.
Ruling 1738. If a muʿtakif intentionally commits an unlawful act of iʿtikāf despite knowing the religious law (al-ḥukm al-sharʿī), his iʿtikāf becomes invalid.
Ruling 1739. If a muʿtakif inadvertently (sahwan) or forgetfully commits an unlawful act of iʿtikāf, it does not invalidate his iʿtikāf in any circumstance.
Ruling 1740. If a muʿtakif commits an unlawful act of iʿtikāf on account of not knowing the ruling about this, in the event that he was culpably ignorant (al-jāhil al-muqaṣṣir),8 his iʿtikāf becomes invalid; and if he was inculpably ignorant (al-jāhil al-qāṣir), his iʿtikāf is valid and it will be ruled as inadvertence [which as mentioned in the previous ruling, does not invalidate one’s iʿtikāf in any circumstance].
Ruling 1741. If a muʿtakif invalidates his iʿtikāf by doing one of things that renders an iʿtikāf invalid - which were mentioned in the previous rulings (masāʾil ) - and if the iʿtikāf is an assigned obligation,9 then based on obligatory precaution, he must make up
7 is refers to a commercial association whereby an investor entrusts capital to an agent who trades with it and shares with the investor a pre-determined proportion of the profits. 8 e terms ‘culpably ignorant’ and ‘inculpably ignorant’ are explained in footnotes pertaining to Ruling 12. 9 See the first footnote pertaining to Ruling 1731 for an explanation of this term. 426 the iʿtikāf [i.e. he must perform it belatedly as qaḍāʾ]; and if the iʿtikāf is not an assigned obligation - for example, one makes a vow to perform iʿtikāf without assigning a time for it - it is obligatory that he starts the iʿtikāf all over again; and if it is a recommended iʿtikāf and one invalidates his iʿtikāf aer the completion of the second day, then based on obligatory precaution, he must make up the iʿtikāf; and if one invalidates a recommended iʿtikāf before the completion of the second day, there is no obligation on him and he does not have to make it up.
x. A muʿtakif must remain in the place of iʿtikāf and must not leave it except in cases where leaving is legally permied.
Ruling 1742. In cases where it is permied for a muʿtakif to leave the mosque, he must not stay outside the mosque for longer than it is necessary for him to aend to the maer in question.
LEAVING THE PLACE OF IʿTIKĀF
Ruling 1743. Leaving the place of iʿtikāf for necessary and unavoidable maers - such as going to the toilet - is permied. Leaving the mosque in order to perform ritual bathing (ghusl) for ritual impurity (janābah) is also permied; indeed, it is obligatory. Similarly, it is permied for women to leave in order to perform the ghusl for irregular blood discharge (istiḥāḍah); and if a woman who is experiencing istiḥāḍah and who must perform ghusl does not do so, the validity of her iʿtikāf is not affected.
Ruling 1744. Leaving the place of iʿtikāf in order to perform ablution (wuḍūʾ) for an obligatory prayer within its prescribed time (adāʾ) is permied, even if the time for the prayer has not yet set in; and leaving in order to perform wuḍūʾ for an obligatory qaḍāʾ prayer - in case there is ample time for performing it - is problematic [i.e. based on obligatory precaution, one must not leave in this case].
Ruling 1745. In the event that there are facilities for performing
427 wuḍūʾ inside the mosque, a muʿtakif cannot leave the mosque in order to perform wuḍūʾ.
Ruling 1746. If it becomes obligatory on a muʿtakif to perform ghusl, in case the ghusl is one of the ghusls that is not permied to be performed in a mosque - such as the ghusl for janābah, which would require staying in the mosque while in the state of janābah or would cause the mosque to become impure - he must leave; otherwise, his iʿtikāf becomes invalid; and in case there is no problem in performing ghusl in the mosque - such as the ghusl for touching a corpse (mass al-mayyit) - and it is possible to perform ghusl, then based on obligatory precaution, it is not permied to leave the mosque.
Ruling 1747. Leaving the place of iʿtikāf in order to perform recommended ghusls - such as the Friday ghusl or the ghusl for performing the rituals (aʿmāl) of Umm Dāwūd10 - and similarly, leaving in order to perform a recommended wuḍūʾ, is problematic [i.e. based on obligatory precaution, one must not leave in order to perform them]. Generally speaking, leaving a mosque for ‘supererogatory maers’ (i.e. those that are religiously preferred to be done rather than not done) - excluding maers that are commonly considered to be necessary - is problematic, and precaution must be observed [i.e. based on obligatory precaution, one must not leave the mosque for ‘supererogatory maers’]. However, a muʿtakif can leave the place of iʿtikāf for the purposes of aending a funeral procession (tashyīʿ al-janāzah), preparing a corpse for ghusl, prayers, burial (dafn), and suchlike; [he can also leave for] visiting the sick and aending the Friday prayer (ṣalāt al-jumuʿah).
Ruling 1748. Based on obligatory precaution, it is not permied for a muʿtakif to leave the mosque in order to aend congregational prayers (ṣalāt al-jamāʿah) that are being held outside the place of 10 e rituals of Umm Dāwūd are a recommended set of acts of worship that are usually performed in the middle of the month of Rajab. See, for example, Shaykh ʿAbbās al-mmī’s Maātīḥ al-Jinān, in the section on the recommended acts for Rajab. 428 iʿtikāf unless one is a muʿtakif in the holy city of Mecca, in which case he can leave the mosque in order to perform congregational prayers or to perform prayers on his own (furādā); furthermore, he can perform these prayers wherever in Mecca he wants.
Ruling 1749. A muʿtakif cannot leave the mosque in order to bring things that he needs if he can instruct someone who is not a muʿtakif to bring them for him.
Ruling 1750. A muʿtakif can leave the place of iʿtikāf in order to sit secondary school, university, or ḥawzah (Islamic seminary) examinations in the event that it is commonly considered to be necessary. However, he must not stay outside the mosque for a long time such that the form of the iʿtikāf is lost; up to two hours, for example, is no problem.
Ruling 1751. If a muʿtakif leaves the mosque in order to aend to some urgent maer but stays outside for a long time such that the form of his iʿtikāf is lost, his iʿtikāf is invalid even if he was compelled or forced to leave, or he le because of necessity or due to forgetfulness.
Ruling 1752. If a muʿtakif leaves the place of iʿtikāf - intentionally, of his own choice, and while knowing the religious law - for a maer that is not necessary, nor one for which a muʿtakif is permied to leave, his iʿtikāf becomes invalid.
Ruling 1753. If a muʿtakif leaves the place of iʿtikāf - on account of not knowing the ruling (masʾalah) and being ignorant of the religious law - for a maer that is not necessary, nor one for which a muʿtakif is permied to leave, his iʿtikāf becomes invalid.
Ruling 1754. If a muʿtakif leaves the mosque due to forgetfulness, his iʿtikāf becomes invalid; and if a muʿtakif leaves the mosque because he was compelled or forced to leave, his iʿtikāf does not become invalid unless he stays outside for a long time such that the form of iʿtikāf is lost, in which case his iʿtikāf becomes invalid.
429 Ruling 1755. If it is obligatory for a muʿtakif to leave the place of iʿtikāf - for example, in order to pay a debt that is obligatory on him, and the time to repay it is due, and he has the ability to repay it, and the lender wants it to be repaid; or, in order to accomplish something else that is obligatory on him and which requires him to leave - in these cases, if he acts contrary to his duty and does not leave, he commits a sin but his iʿtikāf does not become invalid.
Ruling 1756. A muʿtakif must not stay outside the mosque for longer than is necessary; and while he is outside, if possible, he must not sit under a shade. However, there is no problem if he sits under a shade while he is outside in order to empty his bowels and/or bladder; and based on obligatory precaution, aer he has emptied his bowels and/or bladder, he must not sit at all unless it is necessary for him to do so.
Ruling 1757. A muʿtakif can walk under a shade outside the mosque, although the recommended precaution is that he should avoid doing so.
Ruling 1758. Based on obligatory precaution, it is necessary for a muʿtakif to take the shortest route when he leaves the place of iʿtikāf or returns to it. However, if by using a longer route he would end up staying outside the mosque for a shorter time, he must choose that longer route [i.e. the route could be longer in distance but quicker to traverse due to it being, say, less busy].
MISCELLANEOUS RULINGS ON IʿTIKĀF
Ruling 1759. When one makes the intention to perform an iʿtikāf that is not an assigned obligation,11 he can stipulate a condition from the outset that if a problem arises, he will leave the iʿtikāf.12 erefore, by stipulating such a condition, one can leave the iʿtikāf if a problem arises, and there is no problem in doing so even on the third day. However, if a muʿtakif stipulates a condition that 11 See the first footnote pertaining to Ruling 1731 for an explanation of this term. 12 Such a condition is known as ‘a condition of returning (rujūʿ)’. 430 he will stop his iʿtikāf even if no particular reason arises, the validity of such a condition is problematic [i.e. based on obligatory precaution, it is not a valid condition]. It is worth mentioning that stipulating the aforementioned condition (i.e. the condition of leaving the iʿtikāf in the middle of it if a problem arises) before or aer the iʿtikāf has started is not correct; rather, it must be stipulated at the time of making the intention to perform iʿtikāf.
Ruling 1760. A valid iʿtikāf is not conditional on one having reached the age of legal responsibility (bulūgh), and iʿtikāf performed by a child who is able to discern between right and wrong (mumayyiz) is also correct.
Ruling 1761. If a muʿtakif sits on a usurped (ghaṣbī) carpet and he is aware of the fact that it is usurped, he commits a sin but his iʿtikāf does not become invalid; and if someone gets to a place first and reserves it, and a muʿtakif takes his place without his consent, then although he commits a sin his iʿtikāf is valid.
Ruling 1762. If at the time of making the intention for an obligatory iʿtikāf one stipulates a condition of returning (i.e. a condition of leaving the iʿtikāf in the middle of it if a problem arises) - the details of which were mentioned in Ruling 1759 - in the event that he does something that is unlawful for one to do during iʿtikāf, it is not necessary for him to make up the iʿtikāf nor to start it all over again.
Ruling 1763. If a woman who is performing iʿtikāf becomes ḥāʾiḍ aer the completion of the second day of iʿtikāf, it is obligatory on her to leave the mosque immediately; and based on obligatory precaution, it is necessary for her to make up the iʿtikāf unless from the outset she had stipulated a condition of returning (i.e. a condition of leaving the iʿtikāf in the middle of it if a problem arises), the details of which were mentioned in Ruling 1759.
Ruling 1764. Performing an obligatory qaḍāʾ iʿtikāf is not an
431 immediate obligation (al-wājib al-fawrī).13 However, making it up must not be delayed to such an extent that it would be regarded as being careless in accomplishing the obligation; and the recommended precaution is that it should be made up immediately.
Ruling 1765. If a muʿtakif dies in the middle of an iʿtikāf that has become obligatory on account of a vow, oath, covenant, or the passing of two days of iʿtikāf it is not obligatory on his guardian (walī) (i.e. the eldest son) to make up the qaḍāʾ iʿtikāf although the recommended precaution is that a qaḍāʾ iʿtikāf of a deceased person should be performed. Of course, in the event that a muʿtakif had stipulated in his will that, in such a case, someone must be hired from the one-third of his estate14 to perform iʿtikāf for him, then the deceased muʿtakif’s will must be followed.
Ruling 1766. If a muʿtakif intentionally invalidates his iʿtikāf by having sexual intercourse - be it during the day or at night - it is obligatory on him to give recompense (kafārah). As for [intentionally invalidating one’s iʿtikāf by performing] other unlawful acts, there is no kafārah, although the recommended precaution is that one should give kafārah.
e kafārah for invalidating an iʿtikāf is the same as the kafārah for invalidating a fast of the month of Ramadan - i.e. one has the choice of either fasting for sixty days or feeding sixty poor people - although the recommended precaution is that one should observe the sequence in giving kafārah, meaning that one should first fast for sixty days, and if he cannot, he should then feed sixty poor people.
Ruling 1767. It is not permied to change from one iʿtikāf to another, whether both iʿtikāfs happen to be obligatory, like when a person has made one of them obligatory on account of a vow, 13 is is an obligation that must be performed as soon as it possible to do so, and delaying its performance is not permied. 14 is refers to the maximum amount of one’s estate over which he has discretion in a will for it to be disposed of in accordance with his wishes aer his death. 432 and the other on account of an oath; or, both are recommended; or, one is obligatory and the other recommended; or, one is to be performed for himself and the other on behalf of someone else (niyābah) or he is being hired to perform it for someone else; or, both are to be performed on behalf of someone else.
433
T OF T (K) Ruling 1768. Khums becomes obligatory (wājib) on seven things:
1. profit from earnings; 2. minerals; 3. treasure troves; 4. lawful (ḥalāl) property that has become mixed with unlawful (ḥarām) property; 5. precious stones that are acquired by underwater diving; 6. spoils of war; 7. land that a dhimmī1 purchases from a Muslim, based on the well-known (mashhūr) juristic opinion.
e laws (aḥkām) of these will now be mentioned in detail.
1. PROFIT FROM EARNINGS
Ruling 1769. Whenever a person acquires property by means of trade, industry, or any other form of earning - even if, for example, he performs prayers (ṣalāh ) and keeps fasts (ṣawm) of a deceased person and with the wages he receives from that he acquires some property - then, in the event that it exceeds his and his family’s annual living expenses, he must pay khums - i.e. one-fih - of it in accordance with the instructions that will be mentioned later.
Ruling 1770. If a person acquires property without earning it - for example, he is gied something - then, with the exception of the cases mentioned in the next ruling, he must pay khums on it provided that it exceeds his living expenses for one year.
Ruling 1771. Khums is not liable on the dowry (mahr) that a wife receives, nor on the property that a husband receives in exchange for a khulʿ2 divorce, nor on blood money (diyah) that one receives. e same applies to the inheritance that one receives 1 Dhimmīs are People of the Book (ahl al-kitāb) - i.e. Jews, Christians, and Zoroastrians - who have entered into a dhimmah treaty, i.e. an agreement that gives them rights as protected subjects in an Islamic state. 2 is is a divorce that takes place at the insistence of a wife and in which she pays an agreed sum to her husband. 435 in accordance with those laws of inheritance that are considered valid. erefore, if a Shia Muslim inherits property in another way, such as by taʿṣīb,3 then that property is considered to be a gain and khums must be paid on it. Similarly, if a person inherits from an unexpected source that is neither from his father nor his son, then based on obligatory precaution (al-iḥtiyāṭ al-wājib), he must pay khums on the inheritance if it exceeds his living expenses for one year.
Ruling 1772. If a person inherits some property and knows that the person from whom he inherited it did not pay khums on it, he must pay khums on it. Similarly, if that property itself is not liable for khums but the heir knows that the person from whom he inherited it owed some khums , he must pay khums on it from the deceased’s estate. However, in both cases, if the person from whom he inherited it did not believe in paying khums or never paid it, then it is not necessary for the heir to pay the khums owed by the deceased.
Ruling 1773. If a person saves money on his living expenses for the year by being frugal, he must still pay khums on it.
Ruling 1774. If a person’s entire living expenses are paid by someone else, he must pay khums on his entire earnings.
Ruling 1775. If someone gives some property to particular persons - for example, he gives his children some property as a charitable endowment (waqf) - in the event that the property is farmed or trees are planted on it, and something is earned from it, and the earnings exceed their living expenses for one year, then those persons must pay khums on the extra earnings. Similarly, if they profit from the property in some other way - for example, they hire it out (ijārah) - they must pay khums on the amount that exceeds their living expenses for one year.
3 is is a maer of inheritance that is common among Sunni Muslims but invalid from a Shia perspective. [Author] 436 Ruling 1776. If the property that a poor person (faqīr) has received from obligatory charitable payments (ṣadaqah) - such as recompense (kafārah) and radd al-maẓālim4 - or, if he has received it from recommended (mustaḥabb) ṣadaqah, and if that property exceeds his living expenses for one year or he acquires profit from it - for example, he acquires fruit from a tree that was given to him - and that profit exceeds his living expenses for one year, then based on obligatory precaution, he must pay khums on it. However, if he receives some property as khums or alms tax (zakat), being someone entitled (mustaḥiqq) to receive it, then it is not necessary for him to pay khums on the property itself; but if the profit that accrues from it exceeds his living expenses for one year, then the profit is liable for khums.
Ruling 1777. If a person purchases something with the actual money on which khums has not been paid, i.e. he tells the seller that he is purchasing the item with that money,5 then, in the event that the seller is a Twelver (Ithnā ʿAsharī) Shia, the entire transaction is valid (ṣaḥīḥ), and the item that has been purchased with the money is liable for khums; and there is no need to obtain permission or authorisation from a fully qualified jurist (al-ḥākim al-sharʿī).
Ruling 1778. If a person purchases something and aer agreeing the transaction he pays for it with money on which khums has not been paid,6 the transaction is valid but he will be indebted to those entitled (mustaḥiqqūn) to receive khums for the khums on the money he paid to the seller.
Ruling 1779. If a Twelver Shia Muslim purchases something on which khums has not been paid, the seller is liable for its khums, not the buyer. 4 Radd al-maẓālim refers to giving back property - which has been unrightfully or unknowingly taken - to its rightful owner, or if that is not possible, to the poor as ṣadaqah on behalf of the rightful owner. 5 is is known as a ‘specified’ (shakhṣī) purchase. See the second footnote pertaining to Ruling 807. 6 is is referring to a type of purchase that is known as a ‘non-specified undertaking’. See the first footnote pertaining to Ruling 807. 437 Ruling 1780. If a person gis something to a Twelver Shia Muslim on which khums has not been paid, the benefactor is liable for its khums, not the beneficiary.
Ruling 1781. If a person acquires some property from a disbeliever (kāfir), or from someone who does not believe in paying khums, or from someone who does not pay khums, it is not obligatory on him to pay khums on it.
Ruling 1782. If a businessman, merchant, crasman, clerk etc. starts trading or working, then aer the passing of one year, he must pay khums on the amount that exceeds his living expenses for the year. e same applies to a preacher etc., even if his income is earned at certain times of the year, provided that the income is sufficient to meet most of his living expenses for the year. As for someone who does not have an occupation by which he can earn a living and who receives help from the government or from people, or someone who incidentally acquires some profit, such persons must pay khums on the amount that exceeds their living expenses for the year aer one year has passed from the time they acquired the profit. erefore, [for the purposes of khums] they can calculate a different year for each amount.
Ruling 1783. During the year, a person can pay khums on his profit whenever he acquires it, and it is also permied (jā’iz) for him to delay paying khums until the end of the year. However, if he knows that he will not need it until the end of the year, then based on obligatory precaution, he must pay khums on it immediately. Furthermore, there is no problem if one adopts the solar year for the payment of khums.
Ruling 1784. If a person makes a profit and he dies during the year, his living expenses until the time of his death must be deducted from the profit, and thereaer khums must be paid immediately on the balance.
Ruling 1785. If the price of a commodity that a person has
438 purchased for the purposes of business rises, and if the person does not sell it and its price falls during the same year, then khums on the amount of increase in the price is not obligatory on him.
Ruling 1786. If the price of a commodity that a person has purchased for the purposes of business rises, and if the person does not sell it until aer the year finishes in the hope that the price will rise, and if in actual fact the price falls, then based on obligatory precaution, it is obligatory on him to pay khums on the amount of increase in the price.
Ruling 1787. If a person has purchased property that was not for business and he has paid khums on it, in the event that its price rises and he sells it, he must pay khums on the amount that has increased in price and which exceeds his living expenses for one year. Similarly, if, for example, a tree bears fruit, or a sheep that is kept for its meat becomes fat, one must pay khums on the excess gain.
Ruling 1788. If a person creates a garden with money on which he has paid khums or which is not liable for khums, and if he wants to sell it aer its price appreciates, he must pay khums on the fruits, and on the growth of the trees and shrubs that were already growing or that he planted, and on the dry branches that can be pruned and used, and on the increase in the price of the garden. However, if his intention is to sell the fruit of the trees and to benefit from their value, then khums is not obligatory on the increase in price and the rest is liable for khums.
Ruling 1789. If a person plants willows, planes, or similar trees, he must pay khums every year on their growth. Similarly, the branches of trees that are usually pruned every year, if [they are sold and the income] exceeds his living expenses for one year, he must pay khums on them.
Ruling 1790. A person who has a number of lines of business - for example, with his capital he has bought [and trades in] sugar and
439 rice - in the event that all the lines of his business are the same in business maers such as income and outcome, book keeping, and profit and loss, he must pay khums on the amount that exceeds his living expenses for one year. In the event that he gains profit from one line and a loss from another, he can offset the loss from that line with the profit from the other. However, if he has two different lines of business - for example, he trades as well as farms - or, if he has one line of business but the profit and loss are calculated separately from each other, then in these two cases, he cannot, based on obligatory precaution, offset the loss of one with the profit of the other.
Ruling 1791. A person can deduct from his profit the living expenses he incurs in making profit - such as brokerage and transportation costs - and the same applies to any damage done to his tools and equipment, and it is not necessary for him to pay khums on that amount.
Ruling 1792. e amount a person spends from his profit during the year on food, clothing, furniture, the purchase of a house, the wedding of his son, the trousseau of his daughter, ziyārah,7 and suchlike, is not liable for khums provided that the amount spent is not beyond his status.
Ruling 1793. e amount one spends on a vow (nadhr) and kafārah is considered to be part of his annual living expenses. Similarly, property that one gives to someone as a gi or prize is also considered to be part of his annual living expenses provided that it is not beyond his status.
Ruling 1794. If it is common practice [where the person lives] for a person to acquire the trousseau for his daughter gradually over a number of years, and if he does not acquire the trousseau it would be unbefiing of his status - albeit because he was unable to acquire it all at the required time - and if during the year he
7 Ziyārah is a visitation to the place of burial of a holy personality or to a holy place. 440 purchases some of the trousseau from the profit of that year and his purchases do not exceed his status, and if gathering that amount in one year would be commonly considered to be part of his normal annual expenditure, in such a case, it is not obligatory on him to pay khums on it. However, if his purchases exceed his status or he acquires the trousseau next year from the profit of the current year, then he must pay khums on it.
Ruling 1795. e expenses incurred for hajj and other ziyārahs are considered to be part of one’s living expenses for the year; and if his journey is prolonged until part of the following year, he must pay khums on what he spends [from the previous year’s profits] in the second year.
Ruling 1796. With regard to someone who has earned profit from trade, business, or other means, if he owns some other property on which khums is not obligatory, he can calculate his living expenses for the year only from the profit he has earned.
Ruling 1797. If the provisions that a person purchases from his profit of the year are surplus to his needs at the end of the year, he must pay khums on them. And in the event that he wants to pay its monetary value instead, then, if it has increased since the time he bought the provisions, he must calculate the khums based on the price at the end of the year.
Ruling 1798. If before paying khums a person purchases household furniture with the profit earned by him, it is not necessary for him to pay khums on the items if they are no longer needed aer the year end. Similarly, the items are not liable for khums if they are not needed during the year provided that they are items that are usually kept for succeeding years, such as winter and summer clothes. Apart from these types of items, if they are not needed during the year, the obligatory precaution is that one must pay khums on them. As for the jewellery of a woman who no longer uses them for adornment, it is not liable for khums.
441 Ruling 1799. If a person does not make any profit in a year, he cannot deduct his expenses for that year from the profit he makes in the following year.
Ruling 1800. If a person does not make any profit at the beginning of a year and spends out of his capital, but then makes some profit before the year’s end, he can deduct the amount he had taken from his capital from the profit he earned.
Ruling 1801. If part of one’s capital is lost in business and similar activities, he can deduct the lost amount from the profit made in the same year.
Ruling 1802. If some property other than one’s capital is lost and he needs that item in the same year, he can acquire it during the year from his profit and it is not liable for khums.
Ruling 1803. If a person does not make a profit at the end of a year and borrows money in order to meet his living expenses, he cannot deduct the borrowed amount from the profit made by him in succeeding years and thereby not pay khums on the profit. However, if he borrows money during the year in order to meet his living expenses and he makes a profit before the year’s end, he can deduct the borrowed amount from his profit. Similarly, in the first case, he can repay the borrowed amount from gains made during the year and that amount is not liable for khums.
Ruling 1804. If a person borrows money in order to increase his wealth or to purchase something that he does not need, and if he repays the loan from the profit he acquires in that year without paying khums, he must pay khums on the property aer the khums year end unless the money that he borrowed or the item that he purchased from the loan money perishes during the year.
Ruling 1805. A person can pay the khums of an item that is liable for khums from the item itself, or he can pay the monetary value of the khums that has become obligatory. However, if he wants to
442 give something else on which khums has not become obligatory, then this is problematic (maḥall al-ishkāl) [i.e. based on obligatory precaution, he cannot do this],8 unless he does so with the permission of a fully qualified jurist.
Ruling 1806. If a person’s property becomes liable for khums and a year has passed, he cannot have disposal over that property until he pays khums on it.
Ruling 1807. A person who owes khums cannot take responsibility for it - meaning that he cannot regard himself as being indebted to those entitled to receive it - yet still have disposal over his entire wealth. And in the event that he uses the wealth and it is lost, [not only will he have commied a sin but he will still be deemed responsible and] he must pay khums on it.
Ruling 1808. If a person who owes khums makes an interchange selement9 with a fully qualified jurist and takes responsibility for it, he can have disposal over his entire property; and the profit he earns from it aerwards belongs to him; he must, however, gradually repay the debt in a manner that is not careless.
Ruling 1809. If a person who is a partner with someone else pays khums on his profit but his partner does not, and in the following year his partner offers his property on which khums has not been paid as capital for the partnership, the first partner - supposing he is a Twelver Shia - can have disposal over the joint property.
Ruling 1810. If a child who is a minor (ṣaghīr) acquires some profit, albeit from gis, and if during the year the profit is not used for the child’s living expenses, it becomes liable for khums and it is obligatory on the guardian (walī) of the child to pay khums on it. In the event that the guardian does not pay it, it is obligatory 8 As mentioned in Ruling 6, the term ‘problematic’ (maḥall al-ishkāl) amounts to saying the ruling is based on obligatory precaution. 9 Here, the fully qualified jurist takes the khums from the person who owes it and then returns it to him as a loan. In this way, the person who owes khums can have disposal over his property. 443 on the child to pay khums on it aer he reaches the age of legal responsibility (becomes bāligh).
Ruling 1811. If a person who acquires property doubts (i.e. has a shakk) whether the former owner has paid khums on it or not, he can still have disposal over the property. In fact, even if the new owner is certain (i.e. he has yaqīn) that the former owner has not paid khums on it, then, if the former owner is someone who does not pay khums and the new owner is a Twelver Shia, he can have disposal over it.
Ruling 1812. If a person purchases something with the profit earned by him during the year, and if that item cannot be considered to be necessary and part of his living expenses for a year, it is obligatory on him to pay khums on it at the end of the year. In the event that he does not pay khums on it and the value of the property increases, he must pay khums on its current value.
Ruling 1813. If a person purchases something with money on which khums has not been paid for a year [as a non-specified undertaking, which is explained in the first footnote pertaining to Ruling 807], and if its price increases, then, in the event that he did not intend to buy the item as an investment and to sell it when its price increases - for example, he purchases land for farming [and not to sell once its price increases] - he must pay khums on the purchase price. However, if, for example, he gives the seller the actual money on which khums has not been paid and tells him that he is purchasing the item with that money,10 then he must pay khums on the current value of the item.
Ruling 1814. If someone has not paid khums from the time he became legally obliged to fulfil religious duties, or if he has not paid khums for a period of time - for example, a number of years - then, if during the year he purchases something that he does not need from profit made by trading and one year passes from the time
10 is is known as a ‘specified’ (shakhṣī) purchase. See the second footnote pertaining to Ruling 807. 444 he started trading - or, if he is not a trader and one year passes from the time he made the profit - he must pay khums on the item. However, if he purchases household furniture and other items that he needs in accordance with his status, it is not necessary for him to pay khums on them provided that he knows that he purchased them during the year in which he made a profit, and he purchased them with the same year’s profit, and he used them in the same year. And if he does not know this, then based on obligatory precaution, he must arrive at a selement (muṣālaḥah) with a fully qualified jurist on an amount that is proportionate to the probability; for example, if he deems it 50% probable that khums on the items is obligatory, then he must pay khums on that 50%.
2. MINERALS
Ruling 1815. Minerals such as gold, silver, lead, copper, iron, oil, coal, turquoise (īrūzah), agate (ʿaqīq), alum, salt, and others, are considered to be anāl, i.e. they belong to the Imam (ʿA). However, if someone extracts them and there is no legal obstacle, he can own them; and in the event that the mineral’s value reaches the taxable limit (niṣāb), he must pay khums on it.
Ruling 1816. e niṣāb for minerals is fieen common (ṣayraī) mithqāls11 of coined gold, i.e. if the value of a mineral that is extracted from a mine reaches fieen common mithqāls of coined gold aer deducting the costs for extracting it, then the subsequent expenses - such as the costs for purifying it - are subtracted and khums must be paid on the remainder.
Ruling 1817. When the value of a mineral that has been extracted from a mine does not reach fieen common mithqāls of coined gold, khums on it becomes necessary only when it - either on its own or in combination with one’s other profits - exceeds his living expenses for one year.
11 Based on the definitions in Ruling 1912, one common mithqāl is equal to approximately 4.68 grams; therefore, fieen common mithqāls is equal to approximately 70.2 grams. 445 Ruling 1818. Based on obligatory precaution, the rules (aḥkām) of minerals also apply to chalk and lime. erefore, if their value reaches the niṣāb, one must pay khums on them without deducting his living expenses for a year from their value.
Ruling 1819. A person who acquires something from a mine must pay khums on it, irrespective of whether the mine is over the ground or under it, or whether it is located on land owned by him or in a place that does not have an owner.
Ruling 1820. If a person does not know whether or not the val- ue of the mineral he has extracted from a mine reaches fieen common mithqāls of coined gold, the obligatory precaution is that if it is possible, he must ascertain its value by weighing it or by some other way; and if this is not possible, then khums is not obligatory on him.
Ruling 1821. If a few persons extract something, in the event that its total value reaches fieen common mithqāls of coined gold but the share of each person does not reach that value, it is not liable for khums.
Ruling 1822. If by digging, a person extracts a mineral from under some land that belongs to someone whose permission he did not obtain, the well-known (mashhūr) juristic opinion is that whatever is acquired from that belongs to the owner of the land. However, this is problematic and the obligatory precaution is that they arrive at a selement. And in the event that they are not willing to arrive at a selement, they must refer to a fully qualified jurist (al-ḥākim al-sharʿī) to sele the dispute.
3. TREASURE TROVES
Ruling 1823. A treasure trove is moveable property that has been concealed and is not within the reach of people; and it is hidden underground, or in a tree, mountain, or wall; and its being there is not normal.
446 Ruling 1824. If a person finds a treasure trove on land that does not belong to anyone or which is barren, and he becomes the owner of it by making it fertile, he can take the treasure trove for himself but he must pay khums on it.
Ruling 1825. e niṣāb for treasure troves is 105 mithqāls of coined silver or fieen mithqāls of coined gold; i.e. if the value of the treasure trove is equal to either of these two amounts, then khums becomes obligatory on it.
Ruling 1826. If a person finds a treasure trove on land that he has purchased from someone or on land over which he has disposal on account of renting it and suchlike, and if that treasure trove does not legally (sharʿan) belong to a Muslim or to a dhimmī,12 or if it does then it was such a long time ago that he is unable to ascertain whether or not there is an heir for it, in such a case, he can take the treasure trove for himself but he must pay khums on it. And if he deems it rationally probable that the treasure belongs to the previous owner, then in case the previous owner had disposal over the land, the treasure trove, or its location as a result of owning the land, he must inform him. ereaer, if the previous owner makes a claim over the treasure trove, he must return it to him, and if he does not make a claim over it, he must inform the person who owned the land before the previous owner and who had disposal over it, and so on with regard to all the previous owners who had such disposal. And if none of them makes a claim over the treasure trove and the present owner does not know whether or not it once (not so long ago in the distant past) belonged to a Muslim or to a dhimmī, he can take it for himself but he must pay khums on it.
Ruling 1827. If a person finds treasure troves in a number of places and their total value is 105 mithqāls of silver or fieen mithqāls of gold, he must pay khums on them. However, if he finds the treasure troves at different times, then if there was not a long interval between finding them, the value of all of them together 12 Dhimmīs are People of the Book (ahl al-kitāb) - i.e. Jews, Christians, and Zoroastrians - who have entered into a dhimmah treaty, i.e. an agreement that gives them rights as protected subjects in an Islamic state. 447 must be calculated; but if there was a long interval, then each one must be calculated separately.
Ruling 1828. If two people find a treasure trove which has a total value that reaches 105 mithqāls of silver or fieen mithqāls of gold but their individual shares do not come to that amount, it is not necessary for them to pay khums on it.
Ruling 1829. If a person purchases an animal and finds some property in its stomach, in the event that he deems it probable that it belongs to the seller or to the previous owner, and they had disposal over the animal and over the object that was found in the animal’s stomach, he must inform them about it. ereaer, if he does not find an owner for it, in the event that its value reaches the niṣāb of a treasure trove, he must pay khums on it. In fact, based on obligatory precaution, he must pay khums on it even if its value is less than the niṣāb and the rest is his property. is rule also applies to fish etc., provided that it was looked aer in a particular place and somebody undertook to feed it. However, if the fish was caught from the sea or from a river, it is not necessary to inform anyone.
4. LAWFUL PROPERTY THAT HAS BECOME MIXED WITH UNLAWFUL PROPERTY
Ruling 1830. If lawful property has become mixed with unlawful property in a way that a person cannot distinguish one from the other, and if the owner and the quantity of the unlawful property are not known, and if one does not know whether the quantity of the unlawful property is less or more than one-fih of the entire property, then by paying khums on it, it becomes lawful; and based on obligatory precaution, the khums must be given to someone who is entitled to receive both khums and radd al-maẓālim.
Ruling 1831. If lawful property becomes mixed with unlawful property and one knows the quantity of unlawful property - irrespective of whether it is more or less than khums - but he does not know who its owner is, he must give away that quantity
448 with the intention of ṣadaqah on behalf of its owner; and the obligatory precaution is that he must first obtain permission from a fully qualified jurist.
Ruling 1832. If lawful property becomes mixed with unlawful property and one does not know the quantity of the unlawful property but does know who its owner is, in the event that the person and the owner cannot come to a mutual agreement [as to the quantity of the unlawful property], the person must give the owner a quantity that he is certain is his. In fact, if the person himself was at fault in the two properties - i.e. the lawful and the unlawful - becoming mixed, then as an obligatory precaution, he must give him more than what he deems probable is his property.
Ruling 1833. If a person pays khums on lawful property that has become mixed with unlawful property and later realises that the quantity of unlawful property was more than the khums, he must give the extra quantity that he knows was more than khums as ṣadaqah on behalf of its owner.
Ruling 1834. If a person pays khums on lawful property that has become mixed with unlawful property, or, if he gives some property as ṣadaqah on behalf of the owner who is unknown to him and later the owner is found, in the event that the owner does not agree [to the action taken], then based on obligatory precaution, the person must reimburse him his share.
Ruling 1835. If lawful property is mixed with unlawful property and the quantity of the unlawful property is known, and if a person knows that the owner can only be one of a group of people but he does not know which one, then in such a case, he must inform all of them. ereaer, in the event that one of them says it belongs to him and the others say it is not theirs or they confirm that it belongs to him, the person must give it to him. However, if two or more persons say it belongs to them, in the event that the dispute is not resolved by way of selement and suchlike, they must refer to a fully qualified jurist to sele the dispute. And if all of them
449 claim they did not know or are not ready to sele, then what is apparent (ẓāhir)13 is that ownership of the property must be determined by drawing lots (qurʿah); and as an obligatory precaution, the lots must be drawn by a fully qualified jurist or his representative (wakīl).
5. GEMS ACQUIRED BY UNDERWATER DIVING
Ruling 1836. If by means of underwater diving a person acquires pearls, corals, or other gems, whether it is organic or mineral, in the event that their value reaches eighteen nukhuds14 of gold, he must pay khums on them - irrespective of whether they were brought up in a single dive or in multiple dives - provided there is not a long interval between them; and if there is - for example, he dives in two different seasons - then, in the event that [the gems found in] each dive do not reach the value of eighteen nukhuds of gold, it is not obligatory to pay khums on them. Similarly, if the share of each diver taking part in the dive does not reach the value of eighteen nukhuds of gold, it is not obligatory to pay khums on it.
Ruling 1837. If a person acquires gems from the sea by means other than diving, then based on obligatory precaution, it is obligatory on him to pay khums on them. However, if he acquires them from the surface of the sea or from the sea shore, then he must pay khums on them only if what he has acquired on its own, or in combination with other profits made by him, exceeds his living expenses for one year.
Ruling 1838. Khums on fish and other animals that a person catches without diving into the sea is only obligatory if on its own, or in combination with other profits made by him, exceeds his living expenses for one year.
13 For practical purposes in jurisprudential rulings, expressing an apparent ruling equates to giving a fatwa. 14 A nukhud is a measure of weight. One nukhud is equivalent to approximately 0.195 grams; therefore, eighteen nukhuds is equal to approximately 3.51 grams. 450 Ruling 1839. If a person dives into the sea without the intention of bringing anything out of it, and if he incidentally finds a gem and intends to keep it, he must pay khums on it. In fact, the obligatory precaution is that he must pay khums on it in any situation.
Ruling 1840. If a person dives into the sea and brings out a creature and finds a gem in its stomach, in the event that the creature is like an oyster that by its nature can contain a gem, he must pay khums on it provided that its value reaches the niṣāb. And if the creature has incidentally swallowed the gem, then the obligatory precaution is that one must pay khums on it even if its value does not reach the niṣāb.
Ruling 1841. If a person dives into big rivers like the Tigris and Euphrates and brings out a gem, he must pay khums on it.
Ruling 1842. If a person dives into water and brings out some ambergris with a value that is equal to eighteen nukhuds of gold or more, he must pay khums on it. In fact, the same rule applies even if it is obtained from the surface of the sea or from the sea shore.
Ruling 1843. If a person whose profession is diving or extracting minerals pays khums on what he finds and his income exceeds his living expenses for the year, it is not necessary for him to pay khums on them again.
Ruling 1844. If a child extracts a mineral, or finds a treasure trove, or brings out gems from the sea by diving, his guardian (walī) must pay khums on them. And in the event that he does not, the child must pay the khums aer he becomes bāligh. Similarly, if the child has lawful property that is mixed with unlawful property, the guardian must act according to the rules mentioned in the section on mixed property.
6. SPOILS OF WAR
Ruling 1845. If Muslims fight a war against disbelievers (kufār) in
451 compliance with the command of the Imam (ʿA) and they acquire things from the war, those things are called ghanāʾim (spoils of war). e things that are exclusively for the Imam (ʿA) from the spoils of war must be put aside and khums must be paid on the rest. With regard to the liability of khums, there is no difference between movable and immovable things. Land that is not anāl belongs to the general Muslim public even if the war was not fought with the permission of the Imam (ʿA).
Ruling 1846. If Muslims fight in a war against disbelievers without the permission of the Imam (ʿA) and acquire spoils of war from them, then everything that they acquire as spoils of the war belongs to the Imam (ʿA) and the fighters have no right over them.
Ruling 1847. e rules on spoils of war do not apply to things that are in the hands of disbelievers in the event that the owner is someone whose property is inviolable (muḥtaram al-māl), i.e. a Muslim, or a dhimmī disbeliever, or a cosignatory with Muslims to a peace or security treaty (muʿāhid).
Ruling 1848. Stealing etc. from a ḥarbī disbeliever15 in the event that it is considered treachery and a breach of security is unlawful. And based on obligatory precaution, whatever is taken from them in this way must be returned.
Ruling 1849. e well-known (mashhūr) juristic opinion is that a believer can appropriate the property of a nāṣibī16 and pay khums on it. However, this rule is problematic [i.e. based on obligatory precaution, one must avoid doing this].17
7. LAND THAT A DHIMMI PURCHASES FROM A MUSLIM
Ruling 1850. If a dhimmī disbeliever purchases land from a 15 is refers to a disbeliever who is not a dhimmī and has not entered into any peace or security treaty with Muslims. 16 In Ruling 103, nawāṣib (pl. of nāṣibī) are defined as ‘those who show enmity towards the Imams (ʿA)’. 17 Minhāj al-Ṣāliḥīn, vol. 1, p. 358, Ruling 1190; Tawḍīḥ al-Masāʾil-i Jāmiʿ, vol. 1, p. 700, Ruling 2436. 452 Muslim, then based on the well-known (mashhūr) juristic opinion, he must pay khums on it from the land itself or from his other property. However, the obligation to pay khums - as it is commonly understood - in this case is problematic [i.e. the obligation to pay khums is based on obligatory precaution, and observing precaution here must not be abandoned].18
DISTRIBUTION OF KHUMS
Ruling 1851. Khums must be divided into two parts: one part is the portion for sayyids19 (sahm al-sādāt), which must be given to a sayyid who is poor, or who is an orphan, or who is stranded on a journey. e second part is the portion for the Imam (ʿA) (sahm al-imām), which at the present time [i.e. during the time of the Imam’s (ʿA) occultation] must either be given to a fully qualified jurist or spent for purposes that he permits. And the obligatory precaution is that the fully qualified jurist must be the most learned (aʿlam ) marjaʿ20 and be well aware of public affairs.
Ruling 1852. An orphan sayyid to whom khums is given must be poor. However, a sayyid who is stranded on a journey can be given khums even if he is not a poor person in his home town (waṭan).
Ruling 1853. If the journey of a sayyid who is stranded was for a sinful purpose, then based on obligatory precaution, he must not be given khums.
Ruling 1854. A sayyid who is not a just person (ʿādil) can be given khums. However, khums must not be given to a sayyid who is not a Twelver Shia.
Ruling 1855. A sayyid who uses khums for sinful purposes cannot be given khums. In fact, the obligatory precaution is that khums 18 See Minhāj al-Ṣāliḥīn, vol. 1, p. 362. 19 A sayyid is a male descendant of Hashim, the great grandfather of Prophet Muḥammad (Ṣ). 20 A marjaʿ is a jurist who has the necessary qualifications to be followed in maers of Islamic jurisprudence (fiqh). See Ruling 2. 453 must not be given to him if it assists him to commit sins even if he does not spend it directly for sinful purposes. Similarly, the obligatory precaution is that a sayyid who consumes alcohol, or does not perform prayers, or publicly commits sins, must not be given khums.
Ruling 1856. If a person claims that he is a sayyid, khums cannot be given to him unless two just persons confirm it, or one aains certainty or confidence (iṭmiʾnān) by some other way that he is a sayyid.
Ruling 1857. Khums can be given to a person who is known to be a sayyid in his home town, provided that one is not certain or confident that he is not a sayyid.
Ruling 1858. If a person’s wife is a sayyidah,21 then based on obligatory precaution, he must not give his khums to her to spend it on her living expenses. However, if it is obligatory on her to meet the living expenses of others but she cannot do so, it is permied (jāʾiz) for him to give his khums to her to spend it on them. e same applies with regard to giving khums to her to spend on her maintenance (nafaqah) that is not obligatory on him to provide [i.e. he must not give his khums to her to spend it on what is obligatory on him to provide].
Ruling 1859. If it is obligatory on a person to meet the living expenses of a sayyid or of a sayyidah who is not his wife, then based on obligatory precaution, he cannot provide for her food, clothing, and other obligatory maintenance from khums. However, there is no problem if he gives some khums to her to spend on things that are not obligatory on him to provide.
Ruling 1860. Khums can be given to a poor sayyid whose living expenses are obligatory on another person who cannot, or does not, meet the living expenses of the sayyid.
21 A sayyidah is a female descendant of Hashim, the great grandfather of Prophet Muḥammad (Ṣ). 454 Ruling 1861. e obligatory precaution is that one must not give a sayyid an amount of khums that is more than his living expenses for one year.
Ruling 1862. If there is no one entitled to receive khums in a person’s town, he can take it to another town. In fact, he can take it to another town even if there is someone entitled to receive it in his town provided that this act is not considered to be nonchalance in paying khums. In either case, if the khums perishes, he is responsible (ḍāmin) for it [and he must reimburse it] even if he was not negligent in looking aer it. Furthermore, he cannot deduct the costs for taking it [to the other town] from the khums.
Ruling 1863. If a person keeps hold of his own khums by way of agency (wikālah) of a fully qualified jurist or his representative, he [is still deemed to have paid his khums and] is absolved of his responsibility. Furthermore, if he transfers it to another town in compliance with the direction of a fully qualified jurist or his representative, and in the process it perishes without him being negligent, he is not responsible for it.
Ruling 1864. It is not permied for one to calculate an item as having a higher price than it actually does and then give it in lieu of khums. And as stated in Ruling 1805, it is problematic [i.e. based on obligatory precaution, he must not] give something else in lieu of khums - apart from money - except with the permission of a fully qualified jurist or his agent.
Ruling 1865. If a person who is owed money by someone entitled to receive khums wants to calculate the amount he is owed in lieu of the khums that is payable by him, he must, based on obligatory precaution, either first obtain permission from a fully qualified jurist or give the khums to the person entitled to receive it who thereaer returns it to him in lieu of the money he owes him. Alternatively, the person who is owed the money can become an agent for the person entitled to receive khums and keep hold of it on his behalf as payment in lieu of what he is owed.
455 Ruling 1866. A person who must pay khums cannot make it a condition on someone entitled to receive it that he must return the amount to him.
456
E G F E Among the most important religious obligations is enjoining good and forbidding evil. Allah the Exalted states in the Noble r’an: ْ ُ َ ْ ْ ْ ْ ُ َ َ ُ ّ ُ ْ َّ ٌ َ ْ ُ َ َ ْ َ َ ُ ُ َ َ ْ ُ َ َ ْ َ ْ َ َ ُ َ ۚ َ َ ٰ َ ُ ُ وﺤﻛﻜﻦ ِﻣﻨﻜﻢ أﻣﺔ ﻳﺪﻋﻮن إِﻰﻟ اﺨﻟ ِﺮﻴ وﻳﺄﻣﺮون ﺑِﺎﻟﻤﻌﺮ ِوف وﻳﻨﻬﻮن ﻋ ِﻦ اﻟﻤﻨﻜ ِﺮ وأوﻟـﺌِﻚ ﻫﻢ ْ ُ ْ ُ َ اﻟﻤﻔ ِﻠﺤﻮن ere has to be a nation among you summoning to the good, bidding what is right, and forbidding what is wrong. It is they who are the felicitous.1
It has been reported that the most noble Messenger (Ṣ) said: َ َ َ ُ َّ َ ْ َ َ ُ ْ َ ْ ُ َ َ َ ْ َ ْ ُ ْ َ َ َ َ َ ُ َ َ ْ ّ َ َ َ ْ َ ْ َ ُ ٰ َ ﻻ ﺗﺰال أﻣ ِﻲﺘ ِﺨﺑ ٍﺮﻴ ﻣﺎ أﻣﺮوا ﺑِﺎﻟﻤﻌﺮ ِوف و ﻏﻬﻮا ﻋ ِﻦ اﻟﻤﻨﻜ ِﺮ و ﻳﻌﺎوﻧﻮا ﺒﻟ اﻟ ِ ِﺮﺒ، ﻓﺈذا ﻟﻢ ﻓﻔﻌﻠﻮا ذﻟِﻚ ُ َ ْ ْ ُ ُ ْ َ َ َ ُ َ ُ ّ َ َ ْ ُ ُ ْ َ َ َ ْ َ َ ْ َ ُ ْ َ ُ ْ َ ٌ ْ ْ َ َ َّ َ ﻧ ِﺰﻋﺖ ِﻣﻨﻬﻢ اﻟﺮﺒﺎﻛت و ﺳ ِﻠﻂ ﻧﻌﻀﻬﻢ ٰﺒﻟ ﻧﻌ ٍﺾ و ﻟﻢ ﻳﻜﻦ ﻟﻬﻢ ﻧ ِﺎﺮﺻ ِﻲﻓ اﻷر ِض و ﻻ ِﻲﻓ اﻟﺴﻤ ِﺎء My nation will always be with goodness as long as its people enjoin good and forbid evil and assist one another in piety. If they do not do that, then blessings will be taken away from them and some of them will impose their rule over others, and there will be no helper for them on the earth or in the sky.2
It has been reported that His Eminence Amīr al-Muʾminīn [Imam ʿĀlī] (ʿA) said: َ ْ ْ ْ َّ َ َ ْ ُ ُ ْ َ َ ْ ُ َ َّ ْ َ َ ُ ْ َ َ ُ َ ٰ َ َ ْ ُ ْ َ ُ ُ ْ ُ َّ َ ْ ُ َ َ ﻻ ﻳﺮﺘﻛﻮا اﻷﻣﺮ ﺑِﺎﻟﻤﻌﺮ ِوف و اﺠﻲﻬ ﻋ ِﻦ اﻟﻤﻨﻜ ِﺮ ﻓﻴﻮ ﻋﻠﻴﻜﻢ ِﺮﺷارﻛﻢ ﻋﻢ ﺗﺪﻋﻮن ﻓﻼ ُ ْ َ َ ُ َ ُ ﻳﺴﺘﺠﺎب ﻟﻜ ْﻢ Do not abandon enjoining good and forbidding evil, otherwise the evil people among you will take charge over you, and then when you supplicate you will not be answered.3
Ruling 1867. Enjoining good and forbidding evil becomes obligatory (wājib) when performance of the good deed in question is obligatory and performance of the evil deed in question is unlawful (ḥarām). In this situation, enjoining good
1 Āl ʿImran (Chapter 3), verse 104. 2 M. Ḥ. Al-Nūrī, Mustadrak al-Wasāʾil wa Mustanbaṭ al-Masāʾil, m: Muʾassisah Āl al-Bayt ʿAlayhim al-Salām, 1987, vol. 12, p. 181. 3 M. Al-Raḍi (compiler), Nahj al-Balāghah, m: Hijrat, 1993, Leer 47 (Ṣubḥī Ṣāliḥ arrangement). 458 and forbidding evil is a collective obligation (al-wājib al-kiāʾī), meaning that if some people act according to this duty, then everyone else is excused from it; however, it is incumbent on everyone to not be indifferent if they encounter something unlawful being done or something obligatory being abandoned, and that they express their aversion in their speech and actions. Acting to this extent is an individual obligation (al-wājib al-ʿaynī).4
It has also been reported that His Eminence Amīr al-Muʾminīn [Imam ʿĀlī] (ʿA) said:
َ َ َ َ ُ ُ (ص) َّ ْ َ ْ َ ْ َ َ ُ ُ ُ ْ َ َّ أﻣﺮﻧﺎ رﺳﻮل اﷲ أن ﻧﻠ ٰﻲﻘ أﻫﻞ اﻟﻤﻌﺎ ِ ﺑِﻮﺟﻮهٍ ﻣﻜﻔ ِﻬﺮ ٍة e Messenger of Allah (Ṣ) commanded us to meet people of disobedience with sullen faces.5
When the good deed being enjoined is a recommended (mustaḥabb) act (and not an obligatory one), or the evil deed being forbidden is a disapproved (makrūh) act (and not an unlawful one), enjoining good and forbidding evil is recommended.
Furthermore, when a person enjoins good and forbids evil, the status and personality of the wrongdoer must be taken into account so that he is not troubled and disrespected. In addition, one must not be so severe and harsh that the wrongdoer becomes averse to the religion and religious activities.
Ruling 1868. e following five conditions must exist in order for enjoining good and forbidding evil to be obligatory.
1. One must have knowledge of what is good and what is evil, albeit in a general sense. erefore, enjoining good and forbidding evil is not obligatory on someone who does not know what good and evil are and does not distinguish between them. Indeed, in order to enjoin good and forbid evil, it is sometimes obligatory to learn and know what is good and what is evil. 4 is is an obligation that every duty-bound person must perform irrespective of whether or not others have also performed it. 5 M. Al-Kulaynī, Al-Kāī, Tehran: Dār al-Kutub al-Islāmiyyah, 1986, vol. 5, p. 59. 459 2. One must deem it probable that it will have an effect on the wrongdoer. erefore, if he knows that his speech and words are ineffective, the well-known (mashhūr) opinion among jurists (fuqahāʾ) is that he is under no duty and it is not obligatory on him to enjoin good and forbid evil; however, the obligatory precaution (al-iḥtiyāṭ al-wājib) is that he must express in any way possible his disapproval and displeasure with the wrongdoer’s improper actions, even if he knows that it will not have any effect on him. 3. e wrongdoer must intend to continue doing the improper and wrong actions. erefore, in the event that the wrongdoer does not want to repeat his wrong actions, it is not obligatory to enjoin him to good and to forbid him from evil. 4. e wrongdoer must not be legally excused (maʿdhūr) in his improper and wrong actions; i.e. he must not believe that the improper act he did was not unlawful and that it was permissible (mubāḥ); nor must he believe that the good act he abandoned was not obligatory. However, if the evil deed is something that the Holy Legislator [Allah] is never pleased with - such as the killing of an innocent person - then it is obligatory to prevent it, even if the perpetrator is legally excused and even if he is not legally obliged to fulfil religious duties (mukallaf). 5. e person enjoining good and forbidding evil must not be in danger of significant harm being inflicted to his person, reputation, or wealth. Furthermore, it must not cause excessive difficulty (mashaqqah) or unendurable hardship, except in the case where the good or evil act in question is regarded by the Holy Legislator [Allah] as being so important that one must endure harm and hardship in its cause.
If the person who enjoins good and forbids evil is not in danger of any significant harm being inflicted on himself, but other Muslims are - whether that be to their person, reputation, or wealth - then it does not become obligatory on him to enjoin good and forbid evil.
460 In this situation, the level of harm must be compared with the act in question, and sometimes even when harm is caused, he will not be excused from enjoining good and forbidding evil.
Ruling 1869. Enjoining good and forbidding evil is carried out at different levels:
1. displaying heartfelt aversion; for example, by turning away one’s face from, or not speaking to, the wrongdoer; 2. verbally advising and guiding; 3. physically enforcing; for example, by hiing or imprisoning the wrongdoer.
It is necessary that one starts at the first or second level and chooses a method that will be the least troublesome and the most effective. If that method does not yield any result, he must gradually increase the severity and harshness of the methods he uses. If displaying heartfelt aversion and verbally advising and guiding - i.e. the first and second levels - prove ineffective, it then progresses to the physical level. At this level, the obligatory precaution is that he must obtain permission from a fully qualified jurist (al-ḥākim al-sharʿī). Furthermore, it is necessary that he starts in a way that causes the least displeasure and trouble, and if that does not yield any result, he must increase the severity and force he uses in his methods; however, it must not reach a point where it causes a bone to break or the body to become wounded.
Ruling 1870. e obligation to enjoin good and forbid evil on every mukallaf is greater with respect to his family and relatives. erefore, if with regard to his family and relatives he feels that they are inaentive to, and unconcerned about, religious obligations such as performing prayers (ṣalāh), keeping fasts (ṣawm), paying the one-fih tax (khums), and suchlike, or, if he sees that they are careless and fearless with regard to commiing unlawful acts such as backbiting and lying, then he must prevent improper actions being performed by them and invite them to do good deeds with a greater sense of importance, while observing the three levels of enjoining good and forbidding evil. 461 However, with regard to one’s mother and father, the obligatory precaution is that he must guide them by adopting a so and gentle approach, and he must never be harsh with them.
462
A T (Z) Ruling 1871. Zakat is obligatory (wājib) on ten things:
1. wheat; 2. barley; 3. dates; 4. raisins; 5. gold; 6. silver; 7. camels; 8. cows; 9. sheep; 10. business goods, based on obligatory precaution (al-iḥtiyāṭ al-wājib).
If someone owns one of these ten things, given the conditions that will be mentioned below, he must pay the specified amount in one of the prescribed ways.
CONDITIONS FOR ZAKAT TO BECOME OBLIGATORY (WĀJIB)
Ruling 1872. It becomes obligatory on a person to pay zakat on the ten things mentioned above when they reach the taxable limit (niṣāb), which will be mentioned later, and they are his personal property, and he is a free person.
Ruling 1873. If someone owns cows, sheep, camels, gold, or silver for eleven months, then even though zakat becomes obligatory on him at the beginning of the twelh month, he must consider the next year as beginning aer the end of the twelh month.
Ruling 1874. Zakat being obligatory on gold, silver, and business goods is conditional upon its owner being sane (ʿāqil) and of the age of legal responsibility (bāligh) throughout the year. However, in the case of wheat, barley, dates, raisins, camels, cows, and sheep, it is not a condition that the owner be sane and bāligh.
464 Ruling 1875. Zakat is liable on wheat and barley when they can be called ‘wheat’ and ‘barley’; and zakat on raisins is obligatory when they are grapes; and zakat is liable on dates when Arabs call them ‘tamr’ [dry dates]. However, the time for determining their niṣāb is when they are dry; and the time for paying zakat on wheat and barley is when the grain is threshed and separated from the chaff; and on dates and raisins when they are picked. erefore, if from this time onwards one delays paying zakat without having a legitimate excuse (ʿudhr), and there are persons entitled (mustaḥiqqūn) to receive zakat, and the item perishes, then the owner is responsible (ḍāmin) [and he must reimburse it].
Ruling 1876. For zakat to be liable on wheat, barley, raisins, and dates - as defined in the previous ruling - it is not a requirement that they be at the owner’s disposal. erefore, if the goods are not with him or his agent (wakīl) - for example, they have been usurped - then it is obligatory on him to pay the zakat that is liable on them whenever he gets them back.
Ruling 1877. If the owner of cows, sheep, camels, gold, and silver is intoxicated or unconscious for part of the year, zakat is not waived for him. e same applies if he is intoxicated or unconscious when zakat on wheat, barley, dates, and raisins becomes obligatory.
Ruling 1878. It is a condition for zakat to be liable on things other than wheat, barley, dates, and raisins, that the owner be able to have disposal over them legally and actually. erefore, if for a significant period during the year someone usurps them [and so he cannot actually have disposal over them], or if the owner is legally forbidden to have disposal over them, then there is no zakat to pay.
Ruling 1879. If a person borrows gold or silver or any other thing on which it is obligatory to pay zakat and it remains with him for a year, he must pay zakat on it and the lender is not liable. However, if the lender pays zakat on it, then the borrower is exempt from paying it.
465 ZAKAT OF WHEAT, BARLEY, AND RAISINS
Ruling 1880. Zakat of wheat, barley, dates, and raisins becomes obligatory when their quantity reaches the niṣāb, which is 300 ṣāʿs or approximately 847 kilograms.1
Ruling 1881. If before paying zakat that is due on grapes, dates, wheat, and barley, a person and members of his family consume them, or, for example, he gives them to a poor person without the intention of paying zakat, he must also pay zakat on the quantity that was consumed or given.
Ruling 1882. If the owner of some wheat, barley, dates, or grapes dies aer zakat on them has become obligatory, the zakat on them must be paid from his estate. However, if he dies before zakat on them becomes obligatory, then each one of the heirs whose share reaches the niṣāb must pay zakat on their share.
Ruling 1883. A person who has been appointed by a fully qualified jurist (al-ḥākim al-sharʿī) to collect zakat can ask for it at the time when the grain is threshed and separated from the chaff, and when dates and grapes become dry. And if the owner does not pay and the thing on which zakat has become obligatory perishes, the owner must give compensation for it.
Ruling 1884. If aer a person becomes the owner of a date tree or grape vine, or a crop of wheat or barley, zakat on them becomes obligatory, he must pay it.
Ruling 1885. If aer zakat on wheat, barley, dates, and grapes becomes obligatory, one sells the crop and trees, the seller must pay the zakat on them; and in the event that he does so, it is not obligatory on the buyer.
Ruling 1886. If a person buys wheat, barley, dates, or grapes, and he knows that the seller has paid zakat on them, or he doubts (i.e.
1 A ṣāʿ is a measure of weight equivalent to approximately 2.823 kilograms. 466 has a shakk) whether the seller has paid zakat on them or not, then zakat is not obligatory on him; but if he knows that the seller has not paid zakat on them, he must pay it. However, if the seller has cheated him, then aer paying the zakat he can claim the amount of zakat he paid from the seller.
Ruling 1887. If the weight of wheat, barley, dates, or grapes when they are wet reaches the niṣāb and reduces when they become dry, zakat on them is not obligatory.
Ruling 1888. If a person consumes wheat, barley, or dates before the time they become dry, in the event that their weight, when dry, reaches the niṣāb, he must pay zakat on them.
Ruling 1889. Dates are of three kinds:
1. dates that are dried; the rule (ḥukm) of zakat for this type was mentioned earlier; 2. dates that are in the process of becoming edible ruṭab [so, moist dates]; 3. dates that are eaten when they are unripe (khalāl).
With regard to the second kind, in the event that their weight when dry reaches the niṣāb, the recommended precaution (al-iḥtiyāṭ al-mustaḥabb) is that one pays zakat on them. As for the third kind, what is apparent (ẓāhir)2 is that zakat is not obligatory on them.
Ruling 1890. Wheat, barley, dates, and raisins on which zakat has been paid are not liable for zakat again even if they remain with a person for some years.
Ruling 1891. If wheat, barley, dates, or grapes are irrigated by rain or a stream, or, if like in Egypt, crops use the moisture that is in the earth, the zakat on them is one-tenth [10%] of them. If they are
2 For practical purposes in jurisprudential rulings, expressing an apparent ruling equates to giving a fatwa. 467 watered by buckets of water and suchlike, then the zakat on them is one-twentieth [5%].
Ruling 1892. If wheat, barley, dates, or grapes are irrigated by both rain and buckets of water and suchlike, in the event that it is commonly considered that their irrigation is by means of buckets of water and suchlike, the zakat on them is one-twentieth [5%]; and if it is commonly considered that their irrigation is by means of a stream or rain, then the zakat on them is one-tenth [10%]; and if it is such that it is commonly considered that their irrigation is by both means, then the zakat on them is three-fortieths [7.5%].
Ruling 1893. In the event that one doubts about whether it would be commonly considered that their irrigation is by both means or, for example, by rain, then it is sufficient if he pays three-fortieths [7.5%].
Ruling 1894. If a person doubts whether it would be commonly considered that their irrigation is by both means or by means of buckets of water and suchlike, it is sufficient to pay one-twentieth [5%]. e same applies if he deems it probable that it would be commonly considered that their irrigation is by rain.
Ruling 1895. If wheat, barley, dates, or grapes are watered by rain and by a stream, and if they do not need buckets of water and suchlike but they are also irrigated by means of buckets of water nevertheless, and if the buckets of water do not help produce an increase in crop, then the zakat on them is one-tenth [10%]. And if they are irrigated by buckets of water and suchlike and do not need stream or rain water but they are also watered by stream and rain water nevertheless, and if the stream and rain water does not help produce an increase in crop, then the zakat on them is one twentieth [5%].
Ruling 1896. If a crop is irrigated by buckets of water and suchlike and crops on the adjacent land utilise the moisture from that land and do not need to be irrigated, then the zakat on the
468 crops that are irrigated by buckets of water is one twentieth [5%], and the zakat on the crops on the adjacent land is, based on obligatory precaution, one tenth [10%].
Ruling 1897. Expenses that one has incurred in the growing of wheat, barley, dates, or grapes cannot be deducted from the produce and thereaer the niṣāb calculated. erefore, if any of them reaches the niṣāb before accounting for the expenses, zakat must be paid on it.
Ruling 1898. e seeds that a person uses in his farming - irrespective of whether they are his own or he buys them - cannot be deducted from the produce and thereaer the niṣāb calculated; rather, he must calculate the niṣāb having accounted for the entire produce.
Ruling 1899. It is not obligatory to pay zakat on the portion the government takes from the produce itself. For example, if the produce is 2000 kilograms and the government takes 100 kilograms in tax, then zakat is obligatory on only 1900 kilograms.
Ruling 1900. Based on obligatory precaution, a person cannot deduct the expenses that he incurs before or aer zakat has become due from the produce and pay zakat on only what remains.
Ruling 1901. A person cannot deduct the expenses that he incurs aer zakat has become due from the produce; and based on obligatory precaution, [he cannot do this] even if he has obtained permission from a fully qualified jurist or his representative (wakīl) to use it.
Ruling 1902. It is not obligatory to wait until wheat and barley is ready for threshing, or until grapes and dates become dry, and then pay zakat; rather, once zakat becomes obligatory, it is permied (jāʾiz) to calculate the value of zakat and give the value of it with the intention of zakat.
469 Ruling 1903. Aer zakat becomes due, a person can submit the actual crop, dates, or grapes, before it is harvested or picked, to someone entitled to receive it or to a fully qualified jurist, or to their representative, in the form of joint ownership (mushāʿ) and thereaer share the expenses.
Ruling 1904. In case the owner submits the actual crop, dates, or grapes to a fully qualified jurist or to someone entitled to receive it, or to their representative, it is not necessary for him to look aer it by way of joint ownership for free; rather, he can charge rent for it staying on his land until the time of their harvest or until they have become dry.
Ruling 1905. If a person owns wheat, barley, dates, or grapes in various towns which have harvesting times that differ, and if the crops or fruits are not acquired simultaneously but are nevertheless considered to be the produce of one year, then, in the event that the first thing to ripen reaches the niṣāb, he must pay zakat on it when it ripens and pay zakat on the rest whenever they are acquired. However, if what ripens first does not reach the niṣāb, he must wait until the rest ripens; and if the combined produce reaches the niṣāb, zakat becomes obligatory on it; and if it does not reach the niṣāb then zakat is not obligatory on it.
Ruling 1906. If a date tree or grape vine bears fruit twice a year, in the event that the combined total of the fruit reaches the niṣāb, then based on obligatory precaution, zakat is obligatory on it.
Ruling 1907. If a person possesses a quantity of fresh dates or grapes that would reach the niṣāb if they were dry, there is no problem if he gives - with the intention zakat - an amount of the fresh dates or grapes that were they to be dry they would equal the amount of zakat obligatory on him.
Ruling 1908. If the zakat on dried dates or raisins is obligatory on a person, he cannot give their zakat in the form of fresh dates or grapes. In fact, even if he calculates the value of the produce that he
470 must give as zakat and then gives grapes or fresh dates or raisins or even other dried dates equal to that value in payment for the zakat, it is problematic (maḥall al-ishkāl) [i.e. based on obligatory precaution, he cannot do this].3 Similarly, if the zakat on fresh dates or grapes is obligatory on him, he cannot give their zakat in the form of dried dates or raisins. And even if he gives other dates or grapes, albeit fresh ones, in payment for the value of the produce, it is also problematic [i.e. based on obligatory precaution, he cannot do this either].
Ruling 1909. With regard to someone who has a debt and possesses the actual property on which zakat has become obligatory, if he dies, the entire zakat must be paid from the property on which zakat has become obligatory, and then the debt must be repaid. However, if he is liable to pay a debt of zakat [as opposed to his actual property having become liable for zakat], then this debt is like his other debts.4
Ruling 1910. With regard to someone who has a debt but possesses wheat, barley, dates, or grapes, if he dies and his inheritors pay his debt from some other wealth before zakat on these items becomes obligatory, then the inheritor whose share reaches the niṣāb must pay zakat on it. And if the debt is not paid before zakat on these items becomes obligatory, in the event that the property of the deceased is sufficient only to repay his debt, it is not obligatory to pay zakat. However, if the property of the deceased is more than his debt, in the event that his debt is such that if they wanted to repay it they would need to pay the creditor an amount from the wheat, barley, dates and grapes, then what they give to the creditor is not liable for zakat. As for the rest of the property, the inheritor whose share reaches the niṣāb must pay zakat on it.
3 As mentioned in Ruling 6, the term ‘problematic’ (maḥall al-ishkāl) amounts to saying the ruling is based on obligatory precaution. 4 is means that if the combined total of his zakat debt and his other debts is equal to or less than his estate, his zakat debt and his other debts must be repaid. However, if the combined total of his zakat debt and his other debts is more than his estate, his estate must be proportionally divided between those entitled to receive zakat and his creditors. 471 Ruling 1911. If some of the wheat, barley, dates, and raisins on which zakat has become obligatory is of superior quality and some of it is of inferior quality, the obligatory precaution is that one must not use inferior quality produce to pay zakat that is due on the superior quality produce.
THE TAXABLE LIMIT (NIṢĀB) FOR GOLD
Ruling 1912. ere are two niṣābs for gold.
1. Twenty legal (sharʿī) mithqāls.5 A legal mithqāl is eighteen nukhuds.6 erefore, when gold reaches the weight of twenty legal mithqāls - which is equivalent to fieen common (ṣayraī) mithqāls - and if the other conditions that were mentioned are fulfilled, one must pay one-fortieth [2.5%] - which is equivalent to nine nukhuds - as zakat. As long as gold does not reach this amount, zakat is not obligatory on it. 2. Four legal mithqāls, which is equivalent to three common mithqāls, meaning that if three [common] mithqāls are added to fieen [common] mithqāls, then one must pay zakat on the entire eighteen mithqāls, which is equivalent to one-fortieth [2.5%]. And if less than three mithqāls is added, then he must pay zakat on only fieen mithqāls [which was the first niṣāb mentioned above], and the extra is not liable for zakat. e same applies to every other addition, meaning that if three mithqāls are added, one must pay zakat on the entire amount; and if less than three mithqāls is added, the added amount is not liable for zakat.
THE NIṢĀB FOR SILVER
Ruling 1913. ere are two niṣābs for silver.
1. 105 common mithqāls. erefore, if silver reaches 105 5 One legal mithqāl is equivalent to approximately 3.51 grams; therefore, twenty legal mithqāls is equal to approximately 70.2 grams. 6 A nukhud is a measure of weight. One nukhud is equivalent to approximately 0.195 grams. 472 mithqāls and the other conditions that were mentioned are fulfilled, one must pay one-fortieth [2.5%] - which is equivalent to two mithqāls and fieen nukhuds - as zakat. As long as silver does not reach this amount, zakat is not obligatory on it. 2. Twenty-one mithqāls, meaning that if twenty-one mithqāls are added to 105 mithqāls, then one must pay zakat on the entire 126 mithqāls in a manner that was previously mentioned. And if less than twenty-one mithqāls are added, then he must pay zakat on only 105 mithqāls [which was the first niṣāb mentioned above], and the extra is not liable for zakat. e same applies to every other addition, meaning that if twenty-one mithqāls are added, one must pay zakat on the entire amount; and if less than twenty-one mithqāls are added, the added amount is not liable for zakat. If a person doubts whether or not silver has reached the niṣāb, then based on obligatory precaution, he must enquire.
Ruling 1914. If the gold or silver that someone owns has reached the niṣāb, then even if he has paid zakat on it he must continue paying zakat on it every year as long as it does not fall below the niṣāb.
Ruling 1915. Zakat on gold and silver becomes obligatory in the event that it is minted and used prevalently in transactions. And if the stamped effects have been effaced but it is still used prevalently in transactions, zakat on it must be paid. However, if it is no longer used prevalently, it is not liable for zakat even if its stamped effects remain.
Ruling 1916. In the event that minted gold and silver coins that are used by women as ornaments are used prevalently in transactions - meaning that gold and silver are used as money in transactions - then based on obligatory precaution, zakat is obligatory on them. However, if they are not used prevalently in transactions, then zakat is not obligatory on them.
473 Ruling 1917. If a person owns gold and silver and neither of them is equal to the first niṣāb - for example, he owns 104 mithqāls of silver and fourteen mithqāls of gold - then zakat is not obligatory on them.
Ruling 1918. As stated earlier, zakat on gold and silver becomes obligatory when a person maintains ownership of their niṣāb for eleven months, and if during those eleven months the amount of gold and silver falls below the first niṣāb for each of them, then zakat is not obligatory on them.
Ruling 1919. If during the period of eleven months a person exchanges the gold or silver that he owns with something else, or he melts them, then zakat is not obligatory on him. However, if in order to escape paying zakat he exchanges them for gold and silver - meaning that he exchanges gold for gold or for silver, or he exchanges silver for silver or for gold - then the obligatory precaution is that he must pay zakat on them.
Ruling 1920. If a person melts gold and silver coins in the twelh month, he must pay zakat on them; and if as a result of melting the coins their weight or value decreases, he must pay the amount of zakat that was obligatory on him prior to melting them.
Ruling 1921. If gold or silver coins contain a more than usual quantity of alloy, then if they can be called gold and silver coins and they reach the niṣāb, zakat on them is obligatory even if the quantity that is pure does not reach the niṣāb. However, if they can no longer be called gold and silver coins, then zakat is not obligatory on them even if the quantity that is pure reaches the niṣāb.
Ruling 1922. If a person owns gold or silver coins that are mixed with a usual amount of alloy, there is no problem if he pays zakat on them in gold and silver coins that contain more than the usual amount of alloy in them, or in coins that are not of gold or silver. However, in such a case, the value of the coins he pays in must be equal to the value of the zakat that is obligatory on him.
474 ZAKAT OF CAMELS, COWS, AND SHEEP
Ruling 1923. In addition to the conditions mentioned previously, the zakat of camels, cows, and sheep has one more condition: that the animal must graze in open fields for the entire year. erefore, if during the entire year or part of the year it grazes on pre-cut grass, or it grazes on crops belonging to its owner or someone else, then it is not liable for zakat. However, if during the entire year the animal grazes on only a small amount of the owner’s grass such that it can be commonly said that the animal has grazed the entire year in open fields, then zakat on it becomes obligatory. Furthermore, with regard to camels, cows, and sheep, it is not a condition that they must not have worked during the entire year; rather, zakat on them is obligatory if they are used for irrigation, ploughing, and similar work as long as it can be commonly said that they have not worked. In fact, even if this cannot be said, based on obligatory precaution, zakat on them must be paid.
Ruling 1924. If a person buys or rents for his camels, cows, and sheep, pasture land which has not been cultivated by anyone, the obligatory precaution is that zakat must be given; and if he pays tax for grazing his animals there, he must pay zakat.
The niṣāb for camels
Ruling 1925. ere are twelve niṣābs for camels.
1. Five camels, and the zakat payable is one sheep. As long as the number of camels does not reach this amount, zakat is not liable on them. 2. Ten camels, and the zakat payable is two sheep. 3. Fieen camels, and the zakat payable is three sheep. 4. Twenty camels, and the zakat payable is four sheep. 5. Twenty-five camels, and the zakat payable is five sheep. 6. Twenty-six camels, and the zakat payable is one camel that is in its second year. 7. irty-six camels, and the zakat payable is one camel that is in its third year.
475 8. Forty-six camels, and the zakat payable is one camel that is in its fourth year. 9. Sixty-one camels, and the zakat payable is one camel that is in its fih year. 10. Seventy-six camels, and the zakat payable is two camels that are in their third year. 11. Ninety-one camels, and the zakat payable is two camels that are in their fourth year. 12. 121 camels and above, and the zakat payable for every forty camels is one camel that is in its third year; and for every fiy camels, one camel that is in its fourth year. A person can also calculate the zakat based on groups of forty-five; and in some cases, such as 200 camels, he has the choice of calculating them in groups of forty or fiy.
However, in every case, he must calculate the zakat in a way that there is no remainder, or if there is then it must not exceed nine camels. For example, if he owns 140 camels, for 100 of them he must give two camels that are in their fourth year, and for the remaining forty, he must give one camel that is in its third year.
Camels that are given as zakat must be female. However, if in the sixth niṣāb one does not own a female camel that is in its second year, it is sufficient to give a male camel in its third year. And if a person does not own one of these either, he has a choice in what he purchases [i.e. he can purchase either a female camel that is in its second year, or a male camel that is in its third year, and give that as the zakat].
Ruling 1926. Paying zakat is not obligatory on the number of camels between two niṣābs. erefore, if the number of camels that a person owns is more than the first niṣāb, which is five camels, but it does not reach the second niṣāb, which is ten camels, he must pay zakat on only five camels. e same applies to all the other niṣābs.
The niṣāb for cows
Ruling 1927. ere are two niṣābs for cows.
476 1. irty cows; when the number of cows a person owns reaches thirty - and if the other conditions that were mentioned are fulfilled as well - he must pay one calf that is in its second year as zakat; and the obligatory precaution is that it must be a male calf. 2. Forty cows, and the zakat payable is one female calf that is in its third year. Paying zakat is not obligatory on the number of cows between thirty and forty. For example, if someone has thirty-nine cows, he must pay zakat on only thirty cows; and if he has more than forty cows, then as long as the number does not reach sixty, he must pay zakat on only forty cows; and aer reaching sixty, as it is twice the number of the first niṣāb, he must give two calves that are in their second year. e same applies if the number of cows increases; i.e. he must either calculate in groups of thirty, forty, or both, and he must pay zakat in accordance with the rule explained earlier. However, he must calculate the zakat in a way that there is no remainder, or if there is, it must not exceed nine cows. For example, if he owns seventy cows, he must calculate them in groups of thirty and forty because if he calculates only in groups of thirty, there will be ten cows remaining on which he will not pay zakat. In some cases, such as 120, he has the choice.
The niṣāb for sheep
Ruling 1928. ere are five niṣābs for sheep.
1. Forty sheep, and the zakat payable is one sheep. As long as the number of sheep does not reach this amount, zakat is not liable on them. 2. 121 sheep, and the zakat payable is two sheep. 3. 201 sheep and the zakat payable is three sheep. 4. 301 sheep, and the zakat payable is four sheep. 5. 400 sheep and above, and the zakat payable for every 100 sheep is one sheep. It is not necessary that zakat be paid from the same sheep; rather, it is sufficient if some other sheep or the monetary value of the sheep is given. 477 Ruling 1929. Paying zakat is not obligatory on the number of sheep between two niṣābs. erefore, if the number of sheep that a person owns is more than the first niṣāb, which is forty sheep, but it does not reach the second niṣāb, which is 121 sheep, he must pay zakat on only forty sheep, not on more than that. e same applies to all the other niṣābs.
Ruling 1930. Zakat is obligatory on camels, cows, and sheep that reach the niṣāb, irrespective of whether all of them are male, or all of them are female, or some of them are male and others are female.
Ruling 1931. In maers of zakat, cows and buffaloes are counted as one species, and Arabian and non-Arabian camels are counted as one species. Similarly, goats, ewes, and year-old lambs are not considered differently for the purposes of zakat.
Ruling 1932. If a person gives one sheep as zakat, then based on obligatory precaution, it must be at least in its second year; and if one gives a goat, then as an obligatory precaution it must be in its third year.
Ruling 1933. ere is no problem if the value of the sheep that is given as zakat is slightly lower than his other sheep. However, it is beer that he gives a sheep whose value is higher than his other sheep. e same applies to cows and camels.
Ruling 1934. If a few people are partners, the one whose share reaches the first niṣāb must pay zakat; and zakat is not obligatory on those whose shares are less than the first niṣāb.
Ruling 1935. If a person owns cows, camels, or sheep in various places and their combined total reaches the niṣāb, he must pay zakat on them.
Ruling 1936. If the cows, sheep, and camels that a person owns are sick or have a defect, they are still liable for zakat.
478 Ruling 1937. If all the cows, sheep, and camels that a person owns are sick or have a defect or are old, he can pay the zakat on them from them. However, if they are all healthy, have no defect, and are young, then he cannot pay the zakat on them from sick animals or from those that have a defect or are old. In fact, if some of them are healthy and others sick, or some have a defect and others do not, or some are old and others young, the obligatory precaution is that for their zakat he must give those animals that are healthy, do not have a defect, and are young.
Ruling 1938. If before the eleventh month is complete one exchanges the cows, sheep, and camels that he owns with something else, or he exchanges the niṣāb he owns with a niṣāb of the same species - for example, he gives forty sheep and procures another forty sheep in return - then zakat is not obligatory on him as long as this is not done with the intention to escape paying zakat. However, if it is done with such an intention, then in case both sets of animals confer the same type of benefit - for example, both sets of sheep are milk-giving sheep - the obligatory precaution is that he must pay zakat on them.
Ruling 1939. If a person who must pay zakat on cows, sheep, and camels pays it from other wealth that he owns, he must pay zakat on the animals every year as long as their number does not fall below the niṣāb. And if he pays in the animals themselves and their number falls below the first niṣāb, then zakat is not obligatory on him. For example, if someone who owns forty sheep pays zakat on them from his other wealth, then as long as the number of sheep does not fall below forty, he must give one sheep every year; and if he pays from the sheep, then zakat is not obligatory on him until the number of sheep reaches forty.
ZAKAT ON BUSINESS GOODS
Goods which a person comes to own through a contract of exchange (ʿaqd al-muʿāwaḍah)7 and which he keeps for business 7 is is a contract in which something is given in exchange for something else. 479 and profit earning is, based on obligatory precaution, liable for zakat if certain conditions are fulfilled. e zakat on such property is one-fortieth [2.5%]. e conditions are as listed below.
1. e owner must be bāligh and sane. 2. e goods must have a value of at least fieen mithqāls of coined gold or fieen mithqāls of coined silver. 3. One year must have passed from the time the owner intended to make profit from the goods. 4. e intention to make profit must remain throughout the year; therefore, if the owner changes his mind during the year and, for example, decides to spend it on his living expenses, then zakat is not obligatory. 5. e owner must have right of disposal over them throughout the year. 6. roughout the year, the goods must be saleable for an amount that is equal to, or more than, the capital outlay. erefore, if during a period of the year the goods are not saleable for the amount that is [at least] equal to the capital outlay, it is not obligatory on him to pay zakat on them.
DISTRIBUTION OF ZAKAT
Ruling 1940. Zakat can be distributed in eight ways.
1. It can be given to a poor person (faqīr). A poor person is defined as someone who does not possess the means to meet his and his family’s expenses for one year. erefore, someone who has a trade, or property, or capital by means of which he can meet these expenses for a year, is not a poor person. 2. It can be given to a needy person (miskīn). A needy person is defined as someone whose living conditions are worse than that of a poor person. 3. It can be given to a person who has been appointed by the Imam (ʿA) or his representative (nāʾib) to collect and safeguard zakat, maintain its accounts, and deliver it to the Imam (ʿA), his representative, or to the poor.
480 4. It can be given to disbelievers (kufār) who will be inclined to the religion of Islam if zakat is given to them, or who will assist Muslims in bale or in some other maer. Zakat can also be given to Muslims whose faith in some of the Holy Prophet’s (Ṣ) teachings is weak but which will be strengthened as a result of giving zakat to them. Furthermore, zakat can be given to a Muslim who does not believe in the vicegerency (wilāyah) of the Commander of the Faithful [Imam ʿĀlī] (ʿA) but who will be inclined to believe in it if zakat is given to him. 5. To buy and free slaves, the details of which are mentioned in their appropriate place. 6. It can be given to a person who is in debt but is unable to repay his debt. 7. In the way of Allah (ī sabīl Allah), i.e. acts that benefit the general Muslim public, such as building mosques and religious schools, keeping the town clean, tarmacking and expanding roads, and suchlike. 8. It can be given to a stranded traveller (ibn al-sabīl).
ese are the ways in which zakat can be spent; however, in the third and fourth cases, the owner cannot spend zakat without the permission of the Imam (ʿA) or his representative. And based on obligatory precaution, in the seventh case, the owner must obtain permission from a fully qualified jurist. e laws (aḥkām) concerning these ways will be explained in the following rulings (masāʾil).
Ruling 1941. e obligatory precaution is that a poor or needy person must not receive zakat that is more than his and his family’s expenses for one year. If he has some money or goods, he must only receive an amount of zakat that makes up the shortfall for what he needs in order to meet his expenses for a year.
Ruling 1942. If a person has sufficient means to meet his expenses for a year and spends part of it, and then he doubts whether or not the remaining amount will be sufficient to meet his expenses for one year, he cannot receive zakat.
481 Ruling 1943. A crasman, proprietor, or a businessman whose income is less than his expenses for one year can receive zakat to meet his shortfall, and it is not necessary for him to sell his tools or property or to spend his capital in order to meet his expenses.
Ruling 1944. A poor person who does not possess the means to meet his and his family’s expenses for one year can receive zakat even if he owns a house in which he lives, or he possesses a vehicle without which he cannot lead his life or uphold his respect. e same applies to household furniture, utensils, summer and winter clothes, and other things needed by him. And if a poor person does not have such things but needs them, he can purchase them from zakat.
Ruling 1945. A poor person who can work and thereby meet his and his family’s expenses but does not do so due to laziness is not permied to receive zakat. A poor student for whom working will be an obstacle to him continuing with his studies cannot in any case receive the portion of zakat that is for poor people unless studying for him is an individual obligation (al-wājib al-ʿaynī).8 As for receiving it from the ‘in the way of Allah’ portion of zakat, it is permied if his education will benefit the general public and, based on obligatory precaution, it is given with the permission of a fully qualified jurist. A poor person for whom it is not difficult to learn a trade cannot, based on obligatory precaution, live on zakat, although he can receive zakat while he is learning the trade.
Ruling 1946. One can give zakat to a person who was previously poor and who says he is poor now even if he does not aain confidence (iṭmiʾnān) in his statement. However, based on obligatory precaution, one cannot give zakat to a person about whom it is not known whether or not he was previously poor [and who says he continues to be poor] until he aains confidence about him being poor.
8 is is an obligation that every duty-bound person must perform irrespective of whether or not others have also performed it. 482 Ruling 1947. If a person that was not poor previously says he is poor now, in the event that confidence cannot be derived from what he says, zakat cannot be given to him.
Ruling 1948. If a person who must give zakat is owed some amount by a poor person, he can count the amount he is owed by the poor person towards his zakat.
Ruling 1949. If a poor person dies and his estate is insufficient to repay his debt, one may count the amount he is owed by the deceased towards his zakat. In fact, if his property is sufficient to repay his debt but his inheritors do not sele his debt, or, if for some other reason one cannot reclaim the money he loaned the deceased, he can count the amount he is owed towards his zakat in this case as well.
Ruling 1950. If a person gives something to a poor person with the intention of zakat, it is not necessary for him to tell him it is zakat. In fact, if the poor person is ashamed by taking zakat, it is recommended that he gives it to him with the intention of zakat but without disclosing to him that it is zakat.
Ruling 1951. If a person gives someone zakat thinking that he is poor and later realises that he was not poor, or, if on account of not knowing the ruling he gives zakat to someone whom he knows is not poor, it is not sufficient [and he will not have discharged his duty]. erefore, in the event that the item he gave the beneficiary still exists, he must take it back from him and give it to someone entitled to receive zakat. However, if the item does not exist and the beneficiary knew it was given to him as zakat, then he can claim its replacement from the beneficiary and give it to someone entitled to receive zakat; but, if the beneficiary did not know it was zakat, he cannot take anything from him and he must give zakat again from his own property to someone entitled to receive it, even if, based on obligatory precaution, he investigated about the poor person or he relied upon something that was legally authoritative (al-ḥujjah al-sharʿiyyah) [such as the statement of a reliable person].
483 Ruling 1952. A person who is in debt but is unable to repay his debt - even if he has the means to meet his expenses for one year - can receive zakat in order to repay his debt. However, he must not have spent the loan for a sinful purpose.
Ruling 1953. If a person gives zakat to someone who is in debt but who is unable to repay his debt and he later realises that the beneficiary spent the loan for a sinful purpose, in the event that the debtor is poor, the benefactor can count what he gave him towards the portion of zakat that is given to poor people.
Ruling 1954. With regard to a person who is in debt but is unable to repay his debt, the lender can count the amount owed to him by the person as zakat even if the person is not poor.
Ruling 1955. If a traveller runs out of funds or his means of transportation stops functioning, in the event that the purpose of his journey is not sinful and he cannot reach his destination by borrowing or by selling something, he can receive zakat even if he is not a poor person in his home town (waṭan). However, if he can procure funds for his journey at another place by borrowing money or by selling something, then he can receive zakat up to the amount that will enable him to get to that place. And based on obligatory precaution, if he can raise money by selling or renting some property in his home town for the expenses of his journey, he must not receive zakat.
Ruling 1956. If a stranded traveller has received zakat and aer reaching his home town finds that some of the zakat has remained unspent, in the event that he cannot return it to the benefactor, he must return it to a fully qualified jurist stating that it is zakat.
CRITERIA FOR BEING ENTITLED TO RECEIVE (MUSTAḤIQQ) ZAKAT
Ruling 1957. e person to whom one gives zakat must be a Twelver (Ithnā ʿAsharī) Shia. If he gives zakat to a person whom he
484 believes to be a Shia and later realises that he was not a Shia, then based on obligatory precaution, he must give zakat again even if he had made investigations about the person or he had relied upon something that was legally authoritative.
Ruling 1958. If a child or an insane person is a Shia and poor, one may give zakat to his guardian (walī) with the intention that what he gives is the property of the child or the insane person. Furthermore, he can, either by himself or through a trustworthy person, spend zakat on the child or on the insane person, in which case he must make the intention of zakat when he does so.
Ruling 1959. A person can give zakat to a poor person who begs provided that the fact of his poverty is established. However, one must not give zakat to a person who spends it for sinful purposes. In fact, the obligatory precaution is that zakat must not be given to someone who, as a result of receiving it, is encouraged to commit sins even if he does not spend it directly for sinful purposes.
Ruling 1960. e obligatory precaution is that one must not give zakat to a person who consumes alcohol, or does not perform prayers, or publicly commits major sins.
Ruling 1961. If a person is in debt but is unable to repay his debt, one can repay it for him from zakat even if his expenses are obligatory on him.
Ruling 1962. A person cannot pay for the living expenses of those whose expenses are obligatory on him - such as his children - from zakat. However, if he does not pay for their living expenses, then others can give zakat to them. And if he is unable to give obligatory maintenance (nafaqah) for those whom it is obligatory on him to give obligatory maintenance, and if zakat is obligatory on him, he can give their obligatory maintenance from zakat.
Ruling 1963. ere is no problem if one gives zakat to his son so that he can pay for the living expenses of his wife, servant, or maid,
485 or so that he can repay his loan, provided that his son satisfies all the other criteria for being entitled to receive zakat.
Ruling 1964. A father cannot buy educational and religious books that are required by his son from the ‘in the way of Allah’ portion of zakat and make them available to him unless the general public interest necessitates it, and, based on obligatory precaution, he obtains permission from a fully qualified jurist.
Ruling 1965. A father can use zakat to get his poor son married, and the same applies to the son with regard to his father.
Ruling 1966. Zakat cannot be given to a woman whose husband provides for her living expenses, nor to a woman whose husband does not provide for her living expenses but who has the power to compel him to give them to her, even by referring to an unjust ruler (al-ḥākim al-jāʾir).
Ruling 1967. If a woman who has contracted a fixed-term marriage (mutʿah) is poor, her husband and others can give her zakat. However, if she had stipulated in the contract that her husband must pay for her living expenses, or, if paying for her living expenses is obligatory on him for some other reason and he does pay for her living expenses, then zakat cannot be given to her.
Ruling 1968. A woman can give zakat to her husband who is poor even if the husband spends that zakat on her living expenses.
Ruling 1969. A sayyid9 cannot accept zakat from someone who is not a sayyid except in case of necessity; and based on obligatory precaution, the necessity must be to the extent that he cannot meet his living expenses from khums or other religious funds. Furthermore, based on obligatory precaution, if it is possible he must, on a daily basis, take only an amount that is sufficient to meet his necessary living expenses for that day.
9 A sayyid is a male descendant of Hashim, the great grandfather of Prophet Muḥammad (Ṣ). 486 Ruling 1970. Zakat can be given to a person whom one does not know whether he is a sayyid or not. However, if that person himself claims that he is a sayyid [it is not permied to give him zakat] and if one does gives him zakat he will not be exempted from the obligation.
INTENTION (NIYYAH) FOR GIVING ZAKAT
Ruling 1971. A person must give zakat with the intention of qurbah, i.e. in humility to the Lord of the worlds. If he gives zakat without the intention of qurbah, it is sufficient [in the sense that he will be deemed as having given the zakat that was obligatory on him], although he will have commied a sin. Furthermore, he must specify in his intention whether what he is giving is zakat on property or zakāt al-fiṭrah.10 In fact, if, for example, zakat on wheat and barley is obligatory on him and he wants to pay a sum of money equal to the value of the zakat on them, he must specify whether he is paying zakat that is due on the wheat or on the barley.
Ruling 1972. If it is obligatory on a person to give zakat on various items, and he gives some zakat without specifying in his intention which item it relates to, in the event that the thing he has given is of the same type as one of the items, it will be counted as zakat of that particular thing. For example, if it is obligatory on him to give zakat on forty sheep and on fieen mithqāls of gold, and he gives one sheep as zakat without specifying in his intention if it is zakat of the sheep or the gold, then it will be counted as zakat of the sheep. However, if he gives some silver coins or notes of money (i.e. a different type of commodity to sheep and gold), then, according to some [jurists], it must be divided between both of them [i.e. for paying both the zakat on the sheep and on the gold]. However, this is problematic [i.e. based on obligatory precaution, it does not suffice], and it is probable that it cannot be counted as zakat for any of them and that it remains the owner’s property.
10 e rules concerning zakāt al-fiṭrah are mentioned in Ruling 2003 and onwards. 487 Ruling 1973. If a person appoints someone as his agent to give away the zakat of his property, he must make the intention when he hands over the zakat to him; and the recommended precaution is that he should maintain that intention until the zakat reaches the poor.
MISCELLANEOUS RULINGS ON ZAKAT
Ruling 1974. When wheat and barley are separated from the chaff, and when dates and grapes become dry, one must give zakat to the poor or separate it from his property. e zakat on gold, silver, cows, sheep, and camels must be given to the poor or separated from one’s property aer the eleventh month is complete.
Ruling 1975. Aer separating zakat [from one’s property], it is not necessary that he immediately gives it to someone who is entitled to receive it, and there is no problem if it is delayed because of a rationally acceptable reason.
Ruling 1976. If a person can deliver zakat to someone entitled to receive it but does not do so and the zakat perishes due to his negligence, he must give it again in replacement.
Ruling 1977. If a person can deliver zakat to someone who is entitled to receive it but does not do so and it perishes without him being negligent in looking aer it, in the event that he did not have a valid reason for the delay, he must give zakat again in replacement for it. In fact, even if he had a good reason for the delay - for example, he had intended to give it to a poor person in particular, or he wanted to distribute it to poor people gradually - then based on obligatory precaution, he is responsible for it.
Ruling 1978. If a person puts aside zakat from his property, he can still use the rest of his property; and if he puts aside zakat from some other property of his, he can still use his entire property.
Ruling 1979. A person cannot use for himself zakat that he has set aside and replace it with something else.
488 Ruling 1980. If some profit accrues from the zakat that a person has set aside - for example, a sheep that has been kept aside for zakat gives birth to a lamb - then the profit is subject to the same rules as the zakat.
Ruling 1981. If someone who is entitled to receive zakat is present when a person sets aside zakat, it is beer that he gives the zakat to him unless he has someone else in mind and for some reason it is beer to give it to that other person instead.
Ruling 1982. If a person transacts with the property that he has set aside as zakat without the permission of a fully qualified jurist and incurs a loss, he must not deduct anything from the zakat. However, if he makes a profit, then based on obligatory precaution, he must give it to someone who is entitled to receive zakat.
Ruling 1983. If before zakat becomes obligatory on a person he gives something to the poor as zakat, he cannot count it as zakat. However, if aerwards when zakat becomes obligatory on him the thing that he gave to the poor has not perished and that poor person has remained poor, he can count the thing he gave him as zakat.
Ruling 1984. If a poor person knows that zakat has not become obligatory on someone and yet takes something from him as zakat and it perishes while it is with him, he is responsible for it. However, when zakat becomes obligatory on the person, if the poor person has remained poor, he can count the thing that he gave him as zakat.
Ruling 1985. If a poor person does not know that zakat has not become obligatory on someone and he takes something from him as zakat and it perishes while it is with him, he is not responsible for it; and the person who gave the thing cannot count it as zakat.
Ruling 1986. It is recommended for one to give zakat on cows, sheep, and camels to poor persons who are respectable; and in
489 giving zakat, he should prefer his relatives and learned and virtuous persons over others, and those who do not beg over those who beg, although, it is possible that it may be beer to give zakat to a poor person for some other reason.
Ruling 1987. It is beer that zakat be given openly and that recommended (mustaḥabb) alms to the poor (ṣadaqah) be given secretly.
Ruling 1988. If in the town of the person who wants to give zakat there is no one entitled to receive it and he cannot spend it in another way for which it was specified, he can transfer the zakat to another place. In this case, if he is not negligent in looking aer it but it perishes nevertheless, he is not responsible for it. Furthermore, he can obtain agency (wikālah) from a fully qualified jurist for it, and with the permission of a fully qualified jurist he can transfer it to another place. In this case too, he is not responsible for any loss, and he can take the transportation expenses from the zakat.
Ruling 1989. If someone entitled to receive zakat is found in one’s town, he can still take it to another town but he must pay the expenses for transferring it to that town himself; and if the zakat perishes, he is responsible for it unless he took it in compliance with the command of a fully qualified jurist.
Ruling 1990. e charges for weighing and measuring wheat, barley, raisins, and dates that a person gives as zakat must be paid by himself.
Ruling 1991. It is disapproved (makrūh) for a person to request someone entitled to receive zakat to sell him the zakat that he gave him. However, if the person entitled to receive zakat wants to sell the thing he received, then aer its price has been determined, the person who gave him the zakat has the first option to buy it.
Ruling 1992. If a person doubts whether or not he gave the zakat
490 that was obligatory on him and the property that was subject to zakat still exists, he must give zakat even if his doubt is about the zakat of previous years. However, if the property has perished, then zakat is not liable on it even if it relates to the current year.
Ruling 1993. A poor person cannot sele for a lesser amount of zakat before receiving it, nor can he accept something that is more expensive than the value of the zakat. Furthermore, an owner cannot give zakat to someone entitled to receive it on condition that he must return it to him. However, there is no problem if aer receiving it, the entitled person consents to returning it to him. For example, if someone who owes a lot of zakat but has become poor and cannot give it, and he has repented, and a poor person consents to taking his zakat from him and giing it back to him, there is no problem.
Ruling 1994. A person cannot purchase the r’an, religious books, or books of supplications (duʿāʾs) from the ‘in the way of Allah’ portion of zakat and give them as a charitable endowment (waqf) unless the general public benefit necessitates it, and, based on obligatory precaution, he obtains permission from a fully qualified jurist.
Ruling 1995. A person cannot buy property from zakat and give it as a charitable endowment to his children or to those whose living expenses are obligatory on him in order that they spend the income generated from that property on their living expenses.
Ruling 1996. A person can take from the ‘in the way of Allah’ portion of zakat for hajj, ziyārah,11 or suchlike, even if he is not poor or he has already taken an amount of zakat that is equal to his annual living expenses, provided that going for hajj, ziyārah, or suchlike is in the general public interest, and, based on obligatory precaution, he has obtained permission from a fully qualified jurist for using zakat in this way.
11 Ziyārah is a visitation to the place of burial of a holy personality or to a holy place. 491 Ruling 1997. If the owner of a property makes a poor person his representative for distributing the zakat of his property, in the event that the poor person deems it probable that the owner did not intend for him to take zakat for himself as well, he cannot take anything from it for himself; but, if he has certainty (yaqīn) that this was not the intention of the owner, then he can take from it for himself.
Ruling 1998. If a poor person takes camels, cows, sheep, gold, or silver as zakat, in the event that the conditions for zakat to become obligatory are fulfilled with regard to those items, he must give zakat on them.
Ruling 1999. If two people jointly own a property on which zakat is obligatory and one of them gives zakat for his share and thereaer they divide the property, then even if he knows that his partner has not given zakat on his share and is not going to give it aerwards, there is no problem.
Ruling 2000. If a person owes the one-fih tax (khums) or zakat, and recompense (kafārah), vow (nadhr), and suchlike are also obligatory on him, and he has debt as well, in the event that he cannot pay all of these obligations and the property on which khums and zakat is obligatory has not perished, he must pay the khums and zakat; and if it has perished, then paying zakat, khums, and seling his debt has priority over kafārah and nadhr.
Ruling 2001. If a person owes khums or zakat, and ḥajjat al-islām12 is obligatory on him, and he has debt as well, then, if he dies and his estate is not sufficient for all of these obligations, in the event that the property on which khums and zakat is obligatory has not perished, the khums and zakat must be paid and the rest of his estate must be used to sele his debt. However, if the property on which khums and zakat is obligatory has perished, then his estate 12 Ḥajjat al-islām is the term used for the hajj that is obligatory on a Muslim to perform once in his lifetime as a fundamental precept of the religion, as opposed to a hajj that is obligatory on a Muslim by means of a vow and suchlike. 492 must be used to sele his debt; and if aer this anything is le, it must be spent for [hiring a representative to perform] hajj [on the deceased’s behal]; and if aer this anything remains, it must be divided between the khums and zakat debts.
Ruling 2002. If a person is engaged in acquiring knowledge, and if he were not acquiring knowledge he could be working for a living, in the event that acquiring that knowledge is an individual obligation, the portion of zakat for the poor can be given to him. And if acquiring that knowledge is in the public interest, then it is permied to give zakat to him from the ‘in the way of Allah’ portion with, based on obligatory precaution, the permission of a fully qualified jurist. In cases other than these two, it is not permied to give zakat to him.
THE FIṬRAH ALMS TAX (ZAKĀT AL-FIṬRAH)
Ruling 2003. A person who at the time of sunset on the eve of Eid al-Fiṭr13 is bāligh and sane, and not unconscious, poor, or a slave, must give on his behalf and on behalf of those who are dependent on him, one ṣāʿ - which is approximately three kilograms - of food per head to someone who is entitled to receive zakat. e food that he gives must be considered to be a staple food in his town, such as wheat, barley, dates, raisins, rice, millet, or something similar, and it suffices if he gives the food’s monetary value instead. e obligatory precaution is that food that is not considered to be staple in his town must not be given as zakat even if what he gives is wheat, barley, dates, or raisins.
Ruling 2004. If a person cannot meet his and his family’s living expenses for one year and does not have an occupation by which he can meet his and his family’s expenses for one year, then such a person is a poor person and it is not obligatory on him to give zakāt al-fiṭrah.
Ruling 2005. A person must give fiṭrah on behalf of all those who
13 e 1st of Shawwāl. 493 are considered to be his dependents at the time of sunset on the eve of Eid al-Fiṭr, irrespective of whether they are young or old, Muslims or disbelievers, and whether it is obligatory on him to pay for their living expenses or not, and whether they are in his town or in another town.
Ruling 2006. If a person appoints his dependant who is in another town to be his agent and give the dependant’s fiṭrah from that person’s property, in the event that he is confident that he will give the fiṭrah, it is not necessary for the person to give his dependent’s fiṭrah himself.
Ruling 2007. It is obligatory on one to give the fiṭrah of a guest who arrives at his house before sunset on the eve of Eid al-Fiṭr and spends the night at his place and is considered to be his dependent, albeit only temporarily.
Ruling 2008. e fiṭrah of a guest who arrives at one’s house aer sunset on the eve of Eid al-Fiṭr is, based on precaution, obligatory on the host provided that the guest is considered to be the host’s dependent; otherwise, it is not. If a person is invited to break his fast (ifṭār) on the eve of Eid al-Fiṭr, he is not considered to be the host’s dependent and the guest’s fiṭrah is not the responsibility of the owner of the house.
Ruling 2009. If a person is insane at the time of sunset on the eve of Eid al-Fiṭr and his insanity continues until the time for ẓuhr prayers on the day Eid al-Fiṭr, zakāt al-fiṭrah is not obligatory on him; otherwise, based on obligatory precaution, it is necessary for him to give fiṭrah.
Ruling 2010. If before sunset a child becomes bāligh, or an insane person becomes sane, or a poor person becomes rich, and if that person meets the conditions that make it obligatory on one to give fiṭrah, he must give fiṭrah.
Ruling 2011. If at the time of sunset on the eve of Eid al-Fiṭr a
494 person does not meet the conditions that make it obligatory on him to give fiṭrah but before the time for ẓuhr prayers on the day of Eid he does meet the conditions, then the obligatory precaution is that he must give fiṭrah.
Ruling 2012. If a disbeliever becomes Muslim aer sunset on the eve of Eid al-Fiṭr, it is not obligatory on him to give zakāt al-fiṭrah. However, if a Muslim who was not a Shia becomes a Shia aer the moon is sighted, he must give fiṭrah.
Ruling 2013. If someone possesses only one ṣāʿ of wheat and suchlike, it is recommended that he gives zakāt al-fiṭrah. In the event that he has dependents and wants to give their fiṭrah as well, he can give that one ṣāʿ to one of them with the intention of giving fiṭrah, and the recipient can in turn give it to another dependent with the same intention, and so on until it reaches the last person. And it is beer that the last recipient gives the item to someone who is not a member of their family. If one of them is a minor (ṣaghīr) or insane, his guardian (walī) can take it on his behalf. And the recommended precaution is that the guardian should not take it with the intention of taking it for the minor or insane person but rather for himself.
Ruling 2014. If aer sunset on the eve of Eid al-Fiṭr a woman gives birth to a child, it is not obligatory to give fiṭrah for the child. However, if before sunset a woman gives birth or marries and the mother or wife are considered to be dependents of the father or husband, then he must give their fiṭrah; but if they are dependents of someone else, then it is not obligatory on him; and if they are not dependents of anyone, then the fiṭrah of the woman is obligatory on herself and there is no obligation to give fiṭrah for the child.
Ruling 2015. If a person is a dependent of someone and before sunset he becomes a dependent of someone else, his fiṭrah is obligatory on the person of whom he became a dependent. For example, if a girl moves to her husband’s house before sunset, her husband must give her fiṭrah.
495 Ruling 2016. A person whose fiṭrah is obligatory on another person is not obligated to give his fiṭrah himself. However, if the other person does not or cannot give his fiṭrah, then based on precaution, it becomes obligatory on him to give his own fiṭrah provided that the conditions mentioned in Ruling 2003 are fulfilled.
Ruling 2017. If a person whose fiṭrah is obligatory on another person gives his own fiṭrah, the obligation on the one who must give it is not exempted.
Ruling 2018. A person who is not a sayyid cannot give fiṭrah to a sayyid, and even if that sayyid is his dependent, he cannot give that sayyid’s fiṭrah to another sayyid.
Ruling 2019. e fiṭrah of a child who is breastfed by its mother or a wet nurse is obligatory on the person who pays for the living expenses of the mother or the wet nurse. However, if the mother or the wet nurse takes her living expenses from the child’s property, then the fiṭrah of that child is not obligatory on anyone.
Ruling 2020. Even if a person pays for the living expenses of his dependents with property that he has acquired unlawfully, he must give their fiṭrah from property that he has acquired lawfully.
Ruling 2021. If a person hires someone like a builder, carpenter, or a servant, and pays for his living expenses in a manner that the hired person is considered to be his dependent, he must give the hired person’s fiṭrah as well. However, if he only pays him for his work, then it is not obligatory on him to give his fiṭrah.
Ruling 2022. If a person dies before sunset on the eve of Eid al-Fiṭr, it is not obligatory to give his and his dependents’ fiṭrah from his estate. However, if a person dies aer sunset, then based on the well-known (mashhūr) juristic opinion, his and his dependents’ fiṭrah must be given from his estate. However, this is problematic, and the necessity of observing precaution must not be abandoned [i.e. based on obligatory precaution, fiṭrah must be given from his estate].
496 DISTRIBUTION OF ZAKĀT AL-FIṬRAH
Ruling 2023. Based on obligatory precaution, zakāt al-fiṭrah must only be given to the poor, and this means poor Shias who satisfy the criteria mentioned previously regarding those who are entitled to receive zakat.14 In the event that there are no poor Shias in one’s town, he can give it to other Muslims who are poor, but in any case, fiṭrah must not be given to a nāṣibī.15
Ruling 2024. If a Shia child is poor, one can spend fiṭrah on him or make it his property by entrusting it to his guardian.
Ruling 2025. It is not necessary that the poor person to whom fiṭrah is given be a just person (ʿādil); however, the obligatory precaution is that fiṭrah must not be given to someone who consumes alcohol, or does not perform prayers, or publicly commits sins.
Ruling 2026. Fiṭrah must not be given to someone who spends it for sinful purposes.
Ruling 2027. e recommended precaution is that a poor person should not be given fiṭrah that is less than one ṣāʿ unless the total amount of fiṭrah is not sufficient for all the poor people. However, there is no problem if more than one ṣāʿ is given.
Ruling 2028. If a person gives half a ṣāʿ of an item on account of it being double the price - for example, if a particular type of wheat is double the price of ordinary wheat and one gives only half a ṣāʿ - it is not sufficient. In fact, even if he gives it with the intention of paying the value of the fiṭrah, it is not sufficient.
Ruling 2029. A person cannot give as fiṭrah half a ṣāʿ of one item, such as wheat, and half a ṣāʿ of another item, such as barley. In fact, even if he gives it with the intention of paying the value of the fiṭrah, it is not sufficient. 14 See Ruling 1957 and onwards. 15 In Ruling 103, nawāṣib (pl. of nāṣibī) are defined as ‘those who show enmity towards the Imams (ʿA)’. 497 Ruling 2030. It is recommended that in giving zakāt al-fiṭrah one should prefer his poor relatives and neighbours over others, and it is befiing that he also gives preference to learned, religious, and virtuous persons over others.
Ruling 2031. If a person gives fiṭrah to someone thinking that he is poor but later realises that he was not poor, in the event that the item he gave him has not perished, he must take it back and give it to someone who is entitled to receive it; and if he is unable to take it back, he must replace the fiṭrah from his own property; and if the item has perished, in the event that the beneficiary knew the item was given as fiṭrah, the beneficiary must replace it; however, if the beneficiary did not know, then replacing it is not obligatory on him and the benefactor must replace it.
Ruling 2032. A person cannot give fiṭrah to someone who says he is poor unless he is confident that what he says is the truth or he knows that he was poor previously.
MISCELLANEOUS RULINGS ON ZAKĀT AL-FIṬRAH
Ruling 2033. A person must give zakāt al-fiṭrah with the intention of qurbah - i.e. in humility to the Lord of the worlds - and he must make the intention of giving fiṭrah at the time of giving it.
Ruling 2034. It is not permied for one to give fiṭrah before the month of Ramadan, and it is beer that he does not give it during the month of Ramadan either. However, there is no problem if one gives a loan to a poor person before Ramadan and then counts the loan as fiṭrah once fiṭrah has become obligatory on him.
Ruling 2035. Wheat or any other thing that a person gives as fiṭrah must not be mixed with soil or any other thing. In the event that it is mixed and the item itself is equal to one ṣāʿ and it is usable without having to separate it from the other thing, or if separating it does not require extraordinary effort, or the amount that has been mixed is negligible, then there is no problem.
498 Ruling 2036. If a person gives fiṭrah from a defective thing, then based on obligatory precaution it is not sufficient.
Ruling 2037. If a person gives fiṭrah on behalf of a number of persons, it is not necessary for him to give it all from the same item. For example, it is sufficient if he gives the fiṭrah of some in wheat and the fiṭrah of others in barley.
Ruling 2038. If a person performs Eid prayers, then based on obligatory precaution he must give fiṭrah before Eid prayers. However, if he does not perform Eid prayers, then he can delay giving fiṭrah until the time of ẓuhr prayers [on the day of Eid al-Fiṭr].
Ruling 2039. If a person puts aside some of his property with the intention of fiṭrah but does not give it to someone who is entitled to receive it until the time of ẓuhr prayers on the day of Eid al-Fiṭr, he must make the intention of fiṭrah whenever he gives it, and there is no problem if there was a rationally acceptable reason for the delay.
Ruling 2040. If a person does not give fiṭrah until the time of ẓuhr prayers on the day Eid al-Fiṭr and does not set it aside either, then based on obligatory precaution, he must give fiṭrah aerwards without making the intention of giving it within its prescribed time (adāʾ) or belatedly (qaḍāʾ).
Ruling 2041. If a person sets aside fiṭrah, he cannot take it for his own use and replace it with something else.
Ruling 2042. If a person possesses something that has a value greater than fiṭrah, in the event that he does not give fiṭrah and makes the intention that some of that item is for fiṭrah, then based on obligatory precaution, this is not sufficient.
Ruling 2043. If the property that one has set aside for fiṭrah perishes, in the event that he had access to a poor person but
499 delayed in giving the fiṭrah, or he was negligent in looking aer it, he must replace it. However, if he did not have access to a poor person and he was not negligent in looking aer it, then he is not responsible for it.
Ruling 2044. If a person entitled to receive fiṭrah is found in one’s area, the obligatory precaution is that he must not transfer the fiṭrah to another place. However, if he does transfer it and delivers it to someone who is entitled to receive it, it is sufficient; but if he transfers it to another place and it perishes, he must replace it.
500
H Ruling 2045. Hajj means visiting the House of Allah [the Kaʿbah in Mecca] and performing the prescribed rituals there. It is obligatory (wājib) on someone who fulfils the following conditions to perform hajj once in his lifetime:
1. being of the age of legal responsibility (bāligh); 2. being sane (ʿāqil) and a free person; 3. on account of going for hajj, one must not be compelled to commit an unlawful (ḥarām) act which is more important to avoid than performing hajj; nor must he be compelled to abandon an obligatory act which is more important than performing hajj. However, if such a situation transpires and he goes for hajj, his hajj is valid (ṣaḥīḥ) although he will have commied a sin; 4. being able (mustaṭīʿ). is is determined by the following criteria: a. he must possess the provisions, and - in the event that he requires it - the means of transportation for the journey; or, he must have the wealth to procure them; b. he must be healthy and able to travel to Mecca and perform hajj without it causing him excessive difficulty (mashaqqah). is condition is a requirement for the obligation of hajj when a person is performing it himself; as for someone who has the financial capacity but not the physical ability to perform it himself, or performing it himself would cause him hardship (ḥaraj) and he is not hopeful of his physical condition improving, such a person must appoint a representative (nāʾib) [to perform hajj on his behal]; c. during any stage of his journey, there must not be an obstruction to going further; and if the route is closed, or, if a person fears that he will lose his life or honour on the journey, or that his property will be taken, then it is not obligatory on him to perform hajj. However, if he is able to go by another route, he must do so even if it is a longer route, unless that route is so much longer and so unusual that it can be said the road for hajj is closed;
502 d. he must have sufficient time to perform the rituals of hajj; e. he must be able to meet the living expenses of those whose maintenance is obligatory on him, such as his wife and children, and those who, if he were to stop spending on them, it would cause him hardship; f. upon returning, he must have a business, a farm, an income from a property, or some other means of earning his livelihood, i.e. it must not be such that because of the expenses he incurs for hajj, when he comes back he is compelled to live in difficulty.
Ruling 2046. With regard to someone who on account of not owning a house experiences hardship, hajj only becomes obligatory on him when he has money for a house as well.
Ruling 2047. With regard to a woman who is able to go to Mecca, if upon her return she will not possess any wealth and her husband is, for example, a poor person who does not meet her living expenses, and if therefore she would have to live in difficulty, then it is not obligatory on her to go for hajj.
Ruling 2048. If someone does not possess the provisions and the means of transportation for the journey, and if someone else tells him to go for hajj and that he will pay for his living expenses and the living expenses of his dependants during his trip for hajj, then, in the event that he is confident (i.e. he has iṭmiʾnān) that the person will pay for his expenses, hajj is obligatory on him.
Ruling 2049. If so that a person can perform hajj some people gi him the expenses for going to and returning from Mecca, and they also gi him the living expenses of his dependants during the time he is on his journey to Mecca, then hajj is obligatory on him even if he has a debt to pay off and even if he does not possess wealth that he can live on upon his return. However, if the journey for hajj falls on the days when he earns a living, and were he to go for hajj he would not be able to repay his debt on time, or he would not be able to pay for his living expenses for the rest of the year, then hajj is not obligatory on him. 503 Ruling 2050. If some people provide one’s travel expenses and the living expenses of his dependants for the period he is in Mecca, and they tell him to go for hajj but the money will not be his own, [rather, it will only be permissible for him to use it,] then, in the event that he is confident that they will not take it back from him, hajj is obligatory on him.
Ruling 2051. If some people provide someone with an amount of money that is sufficient for performing hajj, but they make it a condition that during the journey to Mecca he serves someone who is giving him the money, hajj is not obligatory on him.
Ruling 2052. If some people gi an amount of money to someone, making hajj obligatory on him, in the event that he performs hajj and he later acquires wealth himself, hajj is not obligatory on him again.
Ruling 2053. If a person goes on a business trip to Jeddah, for example, and there he acquires some wealth that would enable him to go to Mecca if he wanted to go there, he must go for hajj. And in the event that he performs hajj and he later acquires wealth that enables him to go to Mecca from his home town (waṭan), hajj is not obligatory on him again.
Ruling 2054. If a person is hired to personally go for hajj on behalf of another person, in the event that he is unable to go himself and wants to send someone else on his behalf, he must obtain permission from the person who hired him.
Ruling 2055. If someone becomes able to go to Mecca but does not reach the plains of ʿAraāt and Mashʿar al-Ḥarām at the prescribed time, in the event that he is unable to go for hajj in subsequent years, hajj will not be obligatory on him. However, if for some years he was able to go but did not, then he must go for hajj even if it entails difficulty.
Ruling 2056. If a person who has become able does not go for
504 hajj, and aerwards due to old age, illness, or incapacitation he is unable to perform hajj or it entails hardship, and if he loses hope in being able to perform hajj himself in subsequent years, then he must send someone to perform hajj on his behalf; and if in subsequent years he is able to perform hajj himself, he must do so. e same applies if a person cannot perform hajj due to old age, illness, or incapacitation in the first year that he acquires a sufficient amount of wealth for performing hajj, and he loses hope in being able to perform it in subsequent years. And in all of these cases, the recommended precaution (al-iḥtiyāṭ al-mustaḥabb) is that if the person being represented (manūbun ʿanhu) is a man, then the representative (nāʾib) should be someone who will go for hajj for the first time (ṣarūrah).
Ruling 2057. A person who has been hired to perform hajj on behalf of someone else must perform ṭawāf al-nisāʾ1 on behalf of that other person, and if he does not, then sexual relations are unlawful for the person who has been hired.
Ruling 2058. If a person does not perform ṭawāf al-nisāʾ correctly or forgets to perform it, in the event that he remembers this aer a few days, comes back, and performs it, it is valid. However, in the event that returning causes him excessive difficulty, he can appoint a representative [to perform it on his behal].
1 is is an obligatory circumambulation (ṭawāf) of the Kaʿbah that is performed as part of the hajj rituals. 505 Appendix: Table of Weights and Measures
Weight/Measure Explanation dhirāʿ cubit i.e. the length from the elbow to the tip of the middle finger of the hand, equivalent to approximately 46 centime- tres farsakh measure of distance equivalent to ap- proximately 5.5 kilometres, or 3.4 miles kurr quantity of water greater or equal to ap- proximately 384 litres al-mithqāl al-ṣayraī common mithqāl i.e. a measure of weight equivalent to approximately 4.68 grams al-mithqāl al-sharʿī legal mithqāl i.e. a measure of weight equivalent to approximately 3.51 grams mudd measure of weight equivalent to approxi- mately 750 grams nukhud measure of weight equivalent to approxi- mately 0.195 grams
ṣāʿ measure of weight equivalent to approxi- mately 2.823 kilograms
506 GLOSSARY adāʾ accomplishment of a which something is given religious duty within its in exchange for something prescribed time, as opposed else to qaḍāʿ ʿāqil sane adhān call to prayer aqwā stronger opinion (for ʿādil a just person practical purposes, where ʿāhd covenant an opinion is stated to be aḥkām (pl. of ḥukm) laws; stronger, a fatwa is being rules given) ahl al-khibrah expert(s) arkān (pl. of rukn) elemental ahl al-kitāb People of the components of an act of Book i.e. Jews, Christians, worship and Zoroastrians ʿaṣr aernoon aʿlam the most learned awwal al-waqt start of the prescribed time for prayers mujtahid i.e. the mujtahid ʿayn al-najāsah intrinsic who is most capable of impurity; actual source of understanding the law of impurity Allah from among all the mujtahids of his time. baʿīd farfetched; unlikely (for ʿalaqah clot of blood practical purposes, a legal aʿmāl acts; rituals of worship opinion that is termed ‘not aʿmāl Umm Dāwūd a farfetched’ equates to a recommended set of ritual fatwa) acts of worship that are bāligh someone who is of the usually performed in the age of legal responsibility; middle of the month of a major Rajab bāṭil (1) invalid (2) void ʿamdan intentionally bulūgh age of legal al-amr bil-maʿrūf enjoining responsibility good anāl property belonging to dafn burial the Imam (ʿA) dhabḥ slaughtering of an ʿaqd al-muʿāwaḍah contract animal according to Islamic of exchange; a contract in law
507 dhikr (1) remembering Allah ghanāʾim (pl. of ghanīmah) (2) declaring in rukūʿ and spoils of war sujūd that Allah is free from ghanīmah (sing, of ghanāʾim) imperfections spoil of war dhimmī People of the Book ghasbī usurped (ahl al-kitāb) - i.e ghasl washing Jews, Christians, and ghaybah occultation Zoroastrians - who have ghusl ritual bathing entered into a dhimmah al-ghusl al-irtimāsī immersive treaty i.e. an agreement ritual bathing that gives them rights as al-ghusl al-irtimāsī al-dafʿī protected subjects in an instantaneous immersive Islamic state ritual bathing diyah blood money al-ghusl al-irtimāsī al-tadrījī duʿāʾ supplication gradual immersive ritual bathing faqīh (sing. of fuqahāʾ) jurist ghusl mass al-mayyit ghusl faqīr a poor person i.e. for touching a corpse someone who does not al-ghusl al-tartībī sequential possess the means to ritual bathing meet his and his family’s expenses for one year ḥadath occurrence i.e. fatwa religious verdict issued something that invalidates by a mujtahid wuḍūʾ fidyah compensative payment al-ḥadath al-akbar major of one mudd (approximately occurrence i.e. something 750 grams) of staple food that requires one to to a poor person for a perform ghusl in order to fast of Ramadan that is perform an act of worship that requires wuḍūʾ missed under certain al-ḥadath al-aṣghar minor circumstances occurrence i.e. something fiqh Islamic jurisprudence that requires one to perform fuqahāʾ (pl. of faqīh) jurists wuḍūʾ in order to engage in fuqqāʾ beer an act of worship that furādā performing an act of requires wuḍūʾ worship on one’s own, as ḥadd al-tarakhkhuṣ permied opposed to in jamāʿah limit 508 ḥāʾiḍ a woman in ḥalāl lawful menstruation ḥalq shaving of the head ḥāʾir an area of approximately performed by men as part 11.5 metres around the of the hajj rituals sacred grave of Imam al- ḥaraj hardship Ḥusayn (ʿA) in Karbalāʾ ḥaram (1) shrine (2) sacred hajj visiting the House of precinct Allah i.e. the Kaʿbah in ḥarām unlawful Mecca, and performing the ḥawzah Islamic seminary prescribed rituals there ḥayḍ menstruation; period ḥajj al-ifrād a type of al-ḥujjah al-sharʿiyyah legally pilgrimage to Mecca authoritative; legal proof performed by Muslims ḥukm (sing, of aḥkām) law; who reside within 88 rule kilometres of Mecca; also al-ḥukm al-sharʿī religious see ḥajj al-qirān law ḥajjat al-islām the hajj that ḥulūl immanence is obligatory on a Muslim to ḥusayniyyah congregation perform once in his lifetime hall for Shia ceremonies as a fundamental precept of the religion, as opposed to ʿibādah (sing, of ʿibādāt) ritual a hajj that is obligatory on a act of worship Muslim by means of a vow ʿibādāt (pl. of ʿibādah) ritual and suchlike acts of worship ḥajj al-qirān a type of ibn al-sabīl a stranded pilgrimage to Mecca traveller performed by Muslims who ʿiddah prescribed waiting reside within 88 kilometres period for a woman before of Mecca; also see ḥajj she can remarry al-ifrād ifṭar breaking a fast ḥajj al-tamauʿ pilgrimage iḥrām state of ritual to Mecca performed by consecration of pilgrims Muslims who reside further during hajj than 88 kilometres from iḥtiyāṭ precaution Mecca al-iḥtiyāṭ al-lāzim necessary al-ḥākim al-jāʾir unjust ruler precaution (this refers to al-ḥākim al-sharʿī fully the same thing as al-iḥtiyāṭ qualified jurist al-wājib) 509 al-iḥtiyāṭ al-mustaḥabb al-istiḥāḍah al-qalīlah slight recommended precaution irregular blood discharge al-iḥtiyāṭ al-wājib obligatory istiḥālah transformation precaution istījārī a ritual act of worship ijārah hiring that a person is hired ijtihād (1) the process of to perform on behalf of deriving Islamic laws from someone else authentic sources (2) the istikhārah the practice of level of someone who is a seeking from Allah the jurist best choice between two or ikhāt whispering the more options recitation (qirāʾah) of istinjāʾ purification of the prayers, as opposed to anus and the urinary outlet pronouncing it aloud (jahr) istisqāʾ invocation for rain al-ʿilm al-ijmālī non-specific Ithnā ʿAsharī Twelver knowledge iʿtikāf spiritual retreat; the act imāmah religious leadership of staying in a mosque inqilāb change under particular conditions intiqāl transfer with the intention of iqāmah call to stand up for worshipping Allah prayer iṭmiʾnān confidence iqrār avowal ʿishāʾ evening jabīrah something with which istibrāʾ (1) process of clearing a wound or a break in a the male urethra of urine bone is bandaged, or the aer urinating (2) quarantine medication that is applied (of an excrement eating to a wound animal) (3) method of al-jāhil al-muqaṣṣir culpably checking whether or not ignorant person menstruation has stopped al-jāhil al-qāṣir inculpably istiḥāḍah irregular blood ignorant person discharge al-jahl al-quṣūrī inculpable al-istiḥāḍah al-kathīrah ignorance excessive irregular blood al-jahl al-taqṣīrī culpable discharge ignorance al-istiḥāḍah al-mutawassiṭah jahr pronouncing the medium irregular blood recitation (qirāʾah) of discharge 510 prayers aloud, as opposed laqab epithet; title to whispering it (ikhāt) jāʾiz permied madhhab religious jamāʿah congregation denomination janābah ritual impurity madhī fluid that sometimes junub someone in the state of comes out of the penis as a janābah result of sexual arousal maʿdhūr someone who is kafan shroud legally excused kafārah recompense mā ī al-dhimmah intention kāfir (sing, of kufār) to fulfil whatever one’s disbeliever obligation happens to be al-kāfir al-ḥarbī a disbeliever with regard to a particular who is not a dhimmī and act has not entered into any maghrib time of sunset peace or security treaty maḥall al-ishkāl problematic with Muslims (for practical purposes, kathīr al-safar frequent if a maer is said to be traveller ‘problematic’ it amounts to kathīr al-shakk excessive saying the ruling is based doubter on obligatory precaution) khulʿ a divorce that takes maḥall al-tẚʾammul a maer place at the insistence of of deliberation (for practical a wife and in which she purposes, if a maer is pays an agreed sum to her said to be a ‘maer of husband deliberation’ it amounts to khums the one-fih tax saying the ruling is based kufār (pl. of kāfir) on obligatory precaution) disbelievers mahr dowry kufr disbelief maḥram someone whom a al-kullī ī al-dhimmah person is never permied non-specified undertaking to marry on account of kunyah an honorific name as being related to them the father or mother of in a particular way; for someone; a patronymic or example, by being their metronymic parent or sibling makrūh disapproved
511 maʾmūm follower of an imam muʿāhid a cosignatory with in congregational prayers Muslims to a peace or manūbun ʿanhu someone who security treaty is represented muʿāriḍ countervailing marjaʿ a jurist who has the argument necessary qualifications to muʿāwaḍah exchange be followed in maers of mubāḥ (1) permissible (2) not Islamic jurisprudence usurped masāʾil (pl. of masʾalah) mubāhalah mutual rulings imprecation masʾalah (sing, of masāʾil) al-mubāḥāt al-aṣliyyah ruling property that does not masḥ wiping belong to anyone in mashaqqah excessive particular and can be used difficulty by people in general mashhūr well-known (used mubtadiʾah a menarcheal with regard to a juristic woman i.e. a woman who opinion) has her period for the first mashrūʿ sanctioned in Islamic time law mubṭilāt things that mashrūʿiyyah legality invalidate al-masjid al-jāmiʿ a mosque muḍāf mixed water that is not particular to a muḍārabah silent partnership specific group of people muḍghah embryo but is frequented by people muḍṭaribah a woman with from different areas of the a disordered menstruation city habit maʿṣūmīn Infallibles muḥtaḍar a dying person; miḥrāb niche, chamber, or moribund slab in a mosque facing muḥtalim someone who has the direction of Mecca and had a ‘wet dream’ i.e. where the imam usually semen has been ejaculated stands for congregational in his sleep prayers muḥtaram al-māl miskīn a needy person; someone whose property is someone whose living inviolable i.e. a Muslim, or conditions are worse than a dhimmī disbeliever, or a that of a poor person (faqīr) 512 cosignatory with Muslims mustaṭīʿ someone who is able to a peace or security treaty to go for hajj (muʿāhid) mutʿah fixed-term marriage mujādalah disputing with muṭahhirāt things that purify others an impure object mujtahid jurist; someone who muʿtakif someone who is in has aained the level of the act of performing iʿtikāf ijtihād, qualifying him to be mutanajjis something that has an authority in Islamic law become impure by secondary mukallaf someone who is means, as opposed to being legally obliged to fulfil an intrinsic impurity (ʿayn religious duties; duty-bound al-najāsah) mumārah altercating with muṭlaq unmixed water others muwālāh close succession mumayyiz someone who is muwaswis an obsessively able to discern between right doubtful person and wrong; a discerning minor nadhr vow muqallid a follower of a jurist nafaqah maintenance; in maers of Islamic law alimony muṣālaḥah arriving at a nāfilah the supererogatory selement with someone prayer mushāʿ joint ownership naḥr slaughtering of a camel mustaḥabb recommended according to Islamic law mustaḥāḍah a woman who is al-nahy ʿan al-munkar experiencing istiḥāḍah forbidding evil mustaḥiqq (sing, of nāʾib representative mustaḥiqqun) najāsah (sing, of najāsāt) an a person who is entitled impurity (mostly used with regard to najāsāt (pl. of najāsah) someone who is entitled to impurities receive khums or zakat) najis impure mustaḥiqqun (pl. of nāṣibī (sing, of nawāṣib) mustaḥiqq) those who are someone who shows enmity entitled (mostly used with towards the Imams (ʿA) regard to persons who are nāsiyah a woman who has entitled to receive khums or forgoen the habit of her zakat) period 513 nawāṣib (pl. of nāṣibī) those proximity to Allah i.e. an who show enmity towards intention to perform a the Imams (ʿA) ritual act of worship in al-nāẓir al-muḥtaram ‘a order to aain proximity to respected onlooker’ i.e. Allah without specifying someone who is sane any particulars about that (ʿāqil), able to discern act between right and wrong qaṣr shortened prayers of a (mumayyiz), of the age traveller of legal responsibility qibla direction towards the (bāligh), and not married to Kaʿbah in Mecca the person being seen qirāʾah recitation niās lochia i.e. blood qiyām standing position in discharge aer childbirth prayers niṣāb taxable limit qunūt supplication recited in niyābah doing something on prayers with the hands behalf of someone else; by placed in front of the face proxy qurʿah drawing lots niyyah intention nufasāʾ a woman who is radd al-maẓālim giving experiencing niās back property - which has been unrightfully or qaḍāʾ (1) making up a unknowingly taken - to its religious duty that was not rightful owner, or if that is performed in its prescribed not possible, to the poor as time, as opposed to adāʾ ṣadaqah on behalf of the (2) a lapsed ritual act of rightful owner worship rajāʾ intention to perform qalīl water that does not gush an act in the hope that it is from the earth and is less desired by Allah than kurr rakʿah a unit of the prayer qasam oath risālah manual of Islamic qaṣd intention rulings qaṣd al-qurbah intention to rūḥ spirit aain proximity to Allah rujūʿ (1) acting on the fatwa qaṣd al-qurbah al-muṭlaqah a of the next most learned general intention to aain mujtahid when one’s
514 marjaʿ has stated that ṣalāt al-ghufaylah a ruling is based on a recommended prayer obligatory precaution that is performed between (2) returning (used to maghrib and ʿishāʾ prayers refer to a condition made ṣalāt al-iḥtiyāṭ precautionary in iʿṭikāf to leave in the prayer middle of it if a problem ṣalāt al-istisqāʾ prayer for arises) invoking rain rukn (sing. of arkān) ṣalāt Jaʿfar al-Ṭayyār the elemental component of an Prayer of Jaʿfar al-Ṭayyār; a act of worship four rakʿah recommended rukūʿ bowing position in the prayer taught by the Holy prayer Prophet (Ṣ) to his cousin, Jaʿfar al-Ṭayyār ṣadaqah alms given to the ṣalāt al-jamāʿah poor; charity congregational prayers ṣaghīr a minor; a child who is ṣalāt al-jumuʿah the Friday not of the age of legal prayer responsibility (bāligh) ṣalāt al-layl the night prayer; ṣaḥīḥ (1) valid (2) correct also known as ‘ṣalāt (3) permied al-tahajjud’ (the night vigil sahm al-imām portion of prayer) khums for the Imam (ʿA) ṣalāt al-mayyit funeral prayer sahm al-sādāt portion of ṣalāt al-waḥshah prayer of khums for sayyids loneliness (in the grave) sahwan inadvertently ṣalawāt (1) invocation of sahwiyyāt acts that are blessings upon Prophet inadvertently le out in Muḥammad (Ṣ) and his prayers progeny (2) pl. of ṣalāh sajdah prostration ṣarūrah someone going for sajdat al-sahw prostration for hajj for the first time inadvertence ṣawm fasting sajdat al-shukr prostration for saʿy hajj ritual of traversing offering thanks to and from the mountains ṣalāh prayer; ritual prayer of Ṣaā and Marwah salām salutation sayyid a male descendant ṣalāt al-āyāt prayer of signs of Hashim, the great
515 grandfather of Prophet tajwīd the discipline Muḥammad (Ṣ) of reciting the r’an sayyidah a female descendant correctly of Hashim, the great takbīr proclamation of Allah’s grandfather of Prophet greatness by saying ‘allāhu Muḥammad (Ṣ) akbar’ shahādatayn the takbīrat al-iḥrām two testimonies i.e. the saying ‘allāhu akbar’ at the testimony to the oneness beginning of the prayer of Allah and to the takīn shrouding prophethood of Prophet taklīf responsibility Muḥammad (Ṣ) al-ṭalāq al-rijʿī revocable shākhiṣ an indicator, such as divorce an upright-standing rod, talqīn inculcation of principle used to determine the beliefs to a dying person or timing of certain prayers to a corpse by examining the length of tamām complete form of the its shadow prayer shakhṣī specified (used with taʿqibāt supplications aer regard to purchases) prayers shakk doubt taqiyyah discretionary shakkiyyāt doubts that arise concealment of one’s in prayers beliefs under duress sharʿan legally taqlīd following a jurist al-sharṭ al-wāqiʿī condition of taqwā God-wariness occurrence tartīb sequence ṣubḥ morning al-tasbīḥāt al-arbaʿah the four sujūd prostrating glorifications i.e. ‘subḥānal surah chapter of the r’an lāhi wal ḥamdu lillāhi wa lā ilāha illal lāhu wallāhu akbar’ tabaʿiyyah subsequence tashahhud testifying ṭahārah (1) purification tashyīʿ al-janāzah funeral (2) being in a state of ritual procession purity i.e. having wuḍūʾ, taʿṣīb a maer of inheritance ghusl, or tayammum that is common among ṭāhir pure Sunni Muslims but invalid taḥnīt camphorating from a Shia perspective 516 ṭawāf circumambulation of that must be performed the Kaʿbah as soon as it possible to ṭawāf al-nisāʾ an obligatory do so, and delaying its circumambulation of the performance is not Kaʿbah that is performed as permied part of the hajj rituals al-wājib al-kiāʾī collective tayammum dry ablution obligation i.e. an act of turbah a piece of earth or clay worship that is obligatory on which one places his on all duty-bound persons forehead when prostrating in the first instance but is lied from them all if it is ʿudhr legitimate excuse discharged by someone or ʿumrah pilgrimage to Mecca by some people that has fewer rituals than al-wājib al-muʿayyan the hajj pilgrimage; the assigned obligation; minor pilgrimage time-specific obligation i.e. uṣūl al-dīn fundamentals of an act of worship that religion must be performed at one uṣūl al-fiqh principles of distinct time jurisprudence al-wājib al-takhyīrī optional obligation i.e. an act of wadhī fluid that sometimes worship for which a comes out of the penis aer mukallaf has the choice the ejaculation of semen to either perform that act wadī fluid that sometimes itself or some other comes out of the penis aer particular act urinating al-wājib al-taʿyīnī fixed wājib obligatory obligation i.e. an act of al-wājib al-ʿaynī individual worship for which there obligation i.e. an obligation is no alternative act that that every duty-bound a mukallaf could perform person must perform instead irrespective of whether wakīl agent; representative or not others have also walī guardian performed it waqf charitable endowment al-wājib al-fawrī immediate waqt al-faḍīlah prime time for obligation i.e. an obligation performing prayers i.e.
517 the early period of the ẓāhir apparent ruling prescribed time for a prayer (for practical purposes in which there is more in jurisprudential rulings, reward for performing it expressing an apparent waṣī executor of the bequest ruling equates to giving a of a deceased person fatwa) waṭan home town zakat alms tax wikālah agency zakāt al-fiṭrah fiṭrah alms tax wilāyah (1) guardianship ẓann supposition; conjecture (2) vicegerency zawāl the time aer wuḍūʾ ablution midday when the sun al-wuḍūʾ al-irtimāsī begins to decline immersive ablution ziyārah visitation to the place of burial of a holy yaqīn certainty personality or to a holy yawm al-shakk day of doubt place i.e. the day regarding which ẓuhr midday someone doubts whether it al-ẓuhr al-sharʿī legal midday is the last day of Shaʿbān or i.e. aer the midway point the first day of Ramadan of the day
518 Works Consulted
e following is a list of some of the works on Islamic law by His Eminence al-Sayyid Ali al-Husayni al-Sistani which were consulted during the course of this translation.
Al-Fiqh lil-Mughtaribīn, compiled by ‘Abd al-Hādī Muḥammad Taqī al-Ḥakīm, in: Bāqiyāt, 2006.
Manāsik al-Ḥajj wa al-Mulḥaqātuhā, m: Dār al-Badhrah, 2012.
Al-Masāʾil al-Muntakhabah, m: Bāqiyāt, 2006.
Minhāj al-Ṣāliḥīn, Beirut: Dār al-Muʾarrikh al-ʿArabī, 2013.
Taʿlīqat ʿalā al-ʿUrwah al-Wuthqā li-Muḥammad Kāẓim al-Yazdī (Annotated by Ayatollah al-Sayyid al-Sistani), m: m Office of Ayatollah al-Sayyid al-Sistani, 2004.
Tawḍīḥ al-Masāʾil-i Jāmiʿ, Mashhad: Mashhad Office of Ayatollah al-Sayyid al-Sistani, 2014.
519